- 1 - NC: 2025:KHC:9008 WP No. 34868 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 34868 OF 2024 (GM-RES) BETWEEN: SMT. NIRMALA, AGED ABOUT 46 YEARS, W/O. RAJENDRA D, R/AT. U-34, 6TH MAIN ROAD, RGI COLONY, GANDHINAGAR, BENGALURU NORTH, SRIRAMPURAM, BENGALURU- 560021. …PETITIONER (BY SRI. ABHISHEK HUDDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU- 560001. 2. THE COMMISSIONER OF POLICE, POLICE COMMISSIONER OFFICE, NEAR POLICE TRAINING SCHOOL, PANDESHWAR, MANGALURU- 575001. 3. SUPERINTENDENT OF POLICE DAKSHINA KANNADA DISTRICT MANGALURU- 575001. 4. SUB INSPECTOR OF POLICE MANGALORE WOMEN P.S, MANGALURU- 575001. …RESPONDENTS (BY SRI. RAJATH SUBRAMANYA, HCGP) Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9008 WP No. 34868 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CRPC, 1973 PRAYING TO DIRECT IN THE NATURE OF MANDAMUS TO THE 4TH RESPONDENT POLICE TO REINVESTIGATE THE MATTER IN CRIME NO.126/2022 OF THE MANGALURU WOMEN P.S, CHARGESHEETED FOR THE OFFENCES PUNISHABLE UNDER SECTION 323, 504, 506 OF THE IPC, WHICH IS NOW PENDING BEFORE THE III JMFC COURT, MANGALURU AT ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Initially, an FIR was registered against five accused for offences punishable under Sections 323, 324, 354, 504, and 506 of the IPC. During the course of the investigation, the complainant’s statement was recorded under Section 161 of the Cr.PC, wherein it was alleged that Accused No. 1 alone had assaulted, abused, and outraged the modesty of the complainant. The learned Magistrate subsequently recorded the complainant’s statement under Section 164 of the Cr.PC. Following this, the police filed a charge sheet against Accused No. 1 while dropping the remaining accused. 2. The learned counsel for the petitioner submitted that the police had dropped the other four accused. During the investigation, the complainant’s statement was recorded under Section 161 of the Cr.PC, and it did not implicate Accused Nos. 2 to 4. Whether or not the complainant’s statement was recorded - 3 - NC: 2025:KHC:9008 WP No. 34868 of 2024 against them is not a matter to be considered at this stage but rather during the trial. 3. During trial, the petitioner can establish the involvement of other persons by proving that his statement under section 161 was not recorded, and it is for the Trial Court to consider the matter and pass an appropriate in accordance with law. 4. With these observations, the petition is disposed of. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM