KRISHNA S/O SHETTEPPA JADHAV v. THE STATE OF KARNATAKA
WP/103099/2025 · 2025-08-21
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37903 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37903 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:10624 WP No. 103099 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 103099 OF 2025 (GM-POLICE)
BETWEEN:
KRISHNA S/O. SHETTEPPA JADHAV, AGE: 47 YEARS, OCC. COOLIE, R/O. WARD NO.5, ANAND NAGAR, TQ. MUDHOL, DIST. BAGALKOTE-587101, KARNATAKA. …PETITIONER (BY SRI. ANKIT R. DESAI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF HOME AFFAIRS, VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER OF BAGALKOT DISTRICT, NAVANAGAR, BAGALKOT-587101. 3. THE SUPERINTENDENT OF POLICE HEAD OF BAGALKOT DISTRICT POLICE, SUPERINTENDENT OF POLICE OFFICE, BAGALKOT DISTRICT-587101. 4. THE POLICE SUB INSPECTOR BILAGI POLICE STATION, BILAGI TALUK, BAGALKOT DISTRICT-587101. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R4)
Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:10624 WP No. 103099 of 2025
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO,(I) ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENTS TO RECORD INFORMATION GIVEN BY THE PETITIONER AND TO REGISTER FIR AGAINST THE ACCUSED PERSONS AND INVESTIGATE THE MATTER IN ACCORDANCE WITH LAW AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking for the following reliefs: (i) Issue a writ of Mandamus directing respondents to record information given by the petitioner and to register FIR against the accused persons and investigate the matter in accordance with law. (ii) Issue such other writ, order as deemed fit in the interest of justice and equity. 2. The petitioner is the father of one deceased Ajaykumar who is stated to have expired on
15.01.2025. He had made a complaint on 16.01.2025 at 01.00 a.m. at Bilagi Police Station, but the said complaint was not accepted by the Sub- Inspector despite the petitioner having categorically indicated that he suspected one Krishna Kaligudi,
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HC-KAR NC: 2025:KHC-D:10624 WP No. 103099 of 2025
Anu Adalati, Naveen, Babu Nadaf, Manikanta, Varun and Sushant who earlier had assaulted the petitioner's son on 08.01.2025. 3. The grievance of the petitioner is that without registering a FIR, a UDR (Unnatural Death Report) has been issued by the respondents and no proper investigation has been conducted. 4.
Learned AGA has filed a memo along with documents as well as statement of objections and on that basis he submits that a detailed enquiry has been conducted by the Station House Officer. The call detail records of the concerned have been secured and upon recording statements of various witnesses and other persons has come to a conclusion that the deceased has committed suicide and therefore it is submitted that no FIR was registered. 5. A perusal of the objections indicates that there is seizure panchanama which has been conducted,
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HC-KAR NC: 2025:KHC-D:10624 WP No. 103099 of 2025
materials seized, sent to RFSL Belgavi, call records obtained in respect of various persons, statements of nearly 9 persons recorded and thereafter the UDR has been issued. I am unable to understand the reason for conducting such a detailed enquiry without registering the FIR, when a person has died and a serious allegation has been made by the father of the deceased that some of the persons named by him are responsible. 6. The fact that no FIR was registered does not inspire any confidence in the manner in which the further proceedings have been conducted by the respondents. In that view on the matter, I pass the following: ORDER i. Writ petition is allowed. ii. The respondent No.4 is directed to register a FIR on the basis of the complaint submitted by the
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HC-KAR NC: 2025:KHC-D:10624 WP No. 103099 of 2025
petitioner and conduct necessary and proper investigation. iii. In the event of the same Sub-Inspector continuing in the said post of respondent No.4, the investigation will be carried out by a different Investigating Officer. Sd/- (SURAJ GOVINDARAJ) JUDGE
SH CT:PA List No.: 1 Sl No.: 48