- 1 - NC: 2025:KHC:10220 W.P. No.33950/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.33950/2024 (GM-RES) BETWEEN: H. GOPALA GOWDA S/O HULLE GOWDA AGED ABOUT 69 YEARS R/AT NO.64, THURANDAHALLY JANNAGHATTA POST BANGARPET TALUK KOLAR TALUK, KOLAR - 563126. …PETITIONER (BY SRI. NISHIT KUMAR SHETTY, ADV.,) AND: 1. THE STATE OF KARNATAKA THROUGH HOME DEPARTMENT REPRESENTED BY ITS SECRETARY VIDHANA SOUDHA BENGALURU - 560001. 2. THE DEPUTY COMMISSIONER REVENUE DEPARTMENT KOLAR DISTRICT ZILLA ADALITHA BHAVAN KOLAR MULBAGAL ROAD NH - 75, KOLAR - 563101. 3. THE SUPERINTENDENT OF POLICE OPP. TO R.L. JALLAPPA HOSPITAL NH - 75 KOLAR MULBAGAL ROAD TAMAKA KOLA R - 563101. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:10220 W.P. No.33950/2024 4. THE ASSISTANT COMMISSIONER REVENUE DEPARTMENT KOLAR SUB DIVISION ZILLA ADALITHA BHAVAN KOLAR MULBAGAL ROAD NH - 75, KOLAR - 563101. 5. THE DEPUTY SUPERINTENDENT OF POLICE KOLAR DIVISION, GANDHINAGAR KOLAR - 563101. 6. THE THASHILDHAR KOLAR TALUK GULPETE KOLAR - 563101. 7. INSPECTOR OF POLICE KOLAR RURAL POLICE STATION POLICE GROUND ROAD KOLAR - 563101. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP FOR R1 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT, DIRECTING THE R-2 TO 7 TO CONSIDER THE REPRESENTATIONS DTD 29.08.2024, 02.09.2024, 12.10.2024 AND 13.11.2024 I.E AS PER ANNX-A, B, C, D AND F. DIRECT COMMANDING THE R-4 TO TAKE STEPS TO EXHUME THE ILLEGALLY BURIED DEAD BODY OF MANASA V AND ALSO TOMB WHICH IS IN PETITIONERS DWELLING HOUSE PREMISES I.E IN SY NO. 75/6 OF TURANDANAHALLI VILLAGE IN KOLAR TALUK AND DISPOSE OF THE DEAD BODY IN ACCORDANCE WITH A LAW BY CONSIDERING THE REPRESENTATIONS MADE BY THE PETITIONER ON 29.08.2024, 02.09.2024, 12.10.2024 NA D 13.11.2024 I.E IN ANNX-A, B, C, D, E AND F & ETC. THIS PETITION, COMING ON FOR FRESH MATTERS LIST, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:10220 W.P. No.33950/2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: "i) Issue a writ in the nature of Mandamus or any other writ, order or direction, directing the respondent No.2 to 7 to consider the representations dated 29.08.2024, 02.09.2024, 12.10.2024 & 13.11.2024 i.e., as per Annexures A, B, C, D and F. ii) To issue a writ, order or direction in the nature of mandamus commanding the respondent No.4 to take steps to exhume the illegally buried dead body of Manasa V and also tomb which is in petitioner's dwelling house premises i.e., in Survey No.75/6 of Turandanahalli Village in Kolar taluk and dispose of the dead body in accordance with a law by considering the representations made by the Petitioner on 29.08.2024, 02.09.2024, 12.10.2024 & 13.11.2024 i.e. in Annexure A, B, C, D, E and F. iii) Issue any other writ or order and grant such other and further relief's as this Hon'ble court may deem fit in the facts and circumstances of the case, in the interest of justice and equity." 2. Heard Sri.Nishit Kumar Shetty, learned counsel for the petitioner and Sri.Shamanth Naik, learned High Court Government Pleader for the respondents. - 4 - NC: 2025:KHC:10220 W.P. No.33950/2024 3. Petitioner is an accused in crime the one punishable under Section 80 of the Bharatiya Nyaya Sanhita (BNS), 2023 (Section 304B of IPC). The petitioner is the father-in-law of the deceased. It transpires that the daughter-in-law commits suicide at her parents' house and the body is now buried infront of the petitioner's house when he was away and was wanting an anticipatory bail from the hands of the concerned police. In that light, he said to have submitted several representations to appropriately shift the body to the graveyard nearby. The respondents-State is yet to consider the representation and therefore, the petitioner is before this Court in the subject petition. 4. Learned HCGP would submit that if reasonable time is granted, in accordance with law the representation would be considered. 5. In that light, without getting into the merit of the claim of the petitioner, I deem it appropriate to direct respondent No.4 to consider the representation of the - 5 - NC: 2025:KHC:10220 W.P. No.33950/2024 petitioner and pass necessary orders in accordance with law within four (04) weeks from the date of receipt of copy of the order, if not earlier, ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE BSR List No.: 1 Sl No.: 12