- 1 - HC-KAR NC: 2025:KHC:24865 WP No. 17564 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 17564 OF 2025 (GM-RES) BETWEEN: SRI. SRINATH JOSHI MAHADEV, S/O MR. MAHADEV, AGED ABOUT 50 YEARS, R/AT NO. 808, 8TH FLOOR, PRESTIGE ST. JOHN'S WOOD, TAVAREKERE MAIN ROAD TAVAREKERE ADUGODI, BANGALORE - 560 029. …PETITIONER (BY SRI. K.N. PHANEENDRA, SR. COUNSEL FOR SRI. MAHADESHWARAN C.N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH SECRETARY OF HOME DEPARTMENT, REPRESENTED BY SPP, HON'BLE HIGH COURT OF KARNATAKA BUILDING, BENGALURU - 560 001. 2. KARNATAKA LOKAYUKTA POLICE STATION, BENGALURU CITY - 560 001, M.S. BUILDING, REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R-1; SRI. ASHOK HARANAHALLI, SR. COUNSEL FOR SRI. VENKATESH S. ARABATTI, ADVOCATE FOR R-2) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24865 WP No. 17564 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 528 OF BNSS, 2023 PRAYING TO QUASH THE IMPUGNED NOTICE DATED 15.06.2024 ISSUED BY THE RESPONDENT NO.2 CALLING UPON THE PETITIONER TO APPEAR BEFORE THE AUTHORITIES AND FURTHER PROCEEDINGS PURSUANT THERETO (PRODUCED AT ANNX-A); ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO INTERFERE WITH THE LIFE AND LIBERTY OF THE PETITIONER EXCEPT FOLLOWING DUE PROCESS OF LAW; AND ISSUE ANY OTHER WRIT, OR ORDER AND GRANT SUCH OTHER RELIEFS AS THIS HON'BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE ENDS OF JUSTICE. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: "(a) Issue writ in the nature of certiorari or any writ and quash the impugned notice dated 15.06.2024 issued by the Respondent No.2 calling upon the petitioner to appear before the authorities and further proceedings pursuant thereto (produced at Annexure-A); (b) Issue writ in the nature of mandamus directing the respondents not to interfere with the life and - 3 - HC-KAR NC: 2025:KHC:24865 WP No. 17564 of 2025 liberty of the petitioner except following due process of law; (c) Issue any other writ, or order and grant such other reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case in the ends of justice." 2. Learned Senior Counsel for the second respondent/Lokayukta submits that the impugned notice issued by the respondent under Section 35(3) of BNSS, 2023, calling upon the petitioner to appear before the respondent on 16.06.2025 has stood exhausted as on today and that the present petition may be disposed of, reserving liberty in favour of the respondent/Lokayukta to issue a fresh notice to the petitioner, who may be directed to comply with the same and the respondent shall proceed further in accordance with law. It is further submitted on behalf of the respondent/Lokayukta that since all the relevant documents accompanying Section 35(3) notice have already been furnished to the petitioner during the - 4 - HC-KAR NC: 2025:KHC:24865 WP No. 17564 of 2025 pendency of the present petition before this Court, the respondent may be permitted to issue a simple notice under Section 35(3) of the BNSS, 2023, without any documents/annexures accompanying the same. 3. Per contra, learned Senior Counsel for the petitioner does not dispute that the respondent/Lokayukta has furnished the copies of all the documents and the same have been received by the petitioner. He would further submit that the respondent may be directed to issue a fresh notice in terms of the principles laid down in the case of Arnesh Kumar Vs. State of Bihar and Another reported in 2014 SCC OnLine SC 532: AIR 2014 SUPREME COURT 2756 and Satender Kumar Antil Vs. Central Bureau of Investigation and Another reported in 2022 SCC OnLine SC 825 and proceed further in accordance with law. It is also submitted that liberty may be reserved in favour of the petitioner to take recourse to such remedies as available to him in law including filing a fresh application/petition for anticipatory bail. - 5 - HC-KAR NC: 2025:KHC:24865 WP No. 17564 of 2025 4. A perusal of the material on record and the joint submissions made by both sides will indicate that the impugned notice dated 15.06.2025 issued by the respondent/Lokayukta directs the petitioner to appear before the said respondent on 16.06.2025 and as such the said impugned notice has spent by itself and has stood exhausted and nothing further survives in the present petition. 5. Under these circumstances, reserving liberty in favour of the respondent to issue a fresh notice (without any documents/annexures) to the petitioner within a period of ten days from today, bearing in mind the ratio of law laid down by the Hon'ble Apex Court in Arnesh Kumar's case (supra) and Satender Kumar Antil's case (surpa), the petition stands disposed of. Liberty is reserved in favour of the petitioner to take recourse to such remedy as available in law, including filing of an application for anticipatory bail, which shall be - 6 - HC-KAR NC: 2025:KHC:24865 WP No. 17564 of 2025 considered by the concerned Court, in accordance with law. Subject to the aforesaid directions and liberty reserved in favour of the parties, the petition stands disposed of. All rival contentions and all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMV* List No.: 1 Sl No.: 2 CT: BHK