- 1 - HC-KAR NC: 2025:KHC-D:14516 WP No. 104790 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 104790 OF 2025 (GM-POLICE) BETWEEN: SHRI. KASHINATH S/O. TAMMANNA JORAPURE, AGE. 54 YEARS, OCC. BUSINESS, R/O. DADASAYAB NAGAR, RAIBAG, TQ. RAIBAG, DIST. BELAGAVI. …PETITIONER (BY SRI. S.B.DODDAGOUDAR, ADVOCATE) AND: 1. UNION OF INDIA, R/BY THE SECRETARY, MINISTER OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI – 110 001. 2. STATE OF KARNATAKA, HOME DEPARTMENT, BY ADDITIONAL CHIEF SECRETARY ROOM NO.222, II FLOOR, VIDHANA SOUDHA, BENGALURU – 560 001. 3. THE DIRECTOR CENTRAL BUREAU OF INVESTIGATION, PLOT NO.5-B, CGO COMPLEX, LODHI ROAD, NEW DELHI – 110 003. 4. SUPERINTENDENT OF POLICE CENTRAL BUREAU OF INVESTIGATION, NO.36, BALLARI ROAD, GANGANAGAR, BENGALURU – 560 032. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14516 WP No. 104790 of 2025 5. THE STATE OF KARNATAKA, REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA, III FLOOR, DR. AMBEDKAR VEEDHI, BENGALURU – 560 001. 6. THE INSPECTOR GENERAL OF BELAGAVI, BELAGAVI – 590 001. 7. THE SUPER INTENDENT OF POLICE, BELAGAVI, BELAGAVI – 590 001. 8. THE DEPUTY SUPERINTENDENT OF POLICE ATHANI, BELAGAVI – 590 001. 9. THE POLICE INSPECTOR, RAIBAG – 580 008. …RESPONDENTS (BY SRI. V.S.KALASURMATH, AGA FOR R2 & R5 TO R9; SRI. VENKATESH KHARVI, ADVOCATE FOR R1; SRI. NEELENDRA GUNDE, ADVOCATE FOR R3 AND R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO TRANSFER OF INVESTIGATION IN RAIBAG PS CRIME NO.227/2024 TO THE HANDS OF AN INDEPENDENT AGENCY, LIKE THAT OF THE CENTRAL BUREAU OF INVESTIGATION (CBI FOR SHORT) TO INVESTIGATE INTO THE ALLEGED ACTS VIDE ANNEXURE-A. THAT IF THIS HON’BLE COURT COME TO CONCLUSION THAT THIS PETITIONER IS NOT ENTITLED PRAYER A THE HON’BLE COURT BE PLEASE TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 4 TO 8 TO CHANGE THE IO TO INVESTIGATE INTO THE ALLEGED ACTS VIDE ANNEXURE-A AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14516 WP No. 104790 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking following prayer: A. “To issue a writ in the nature of mandamus directing the respondents to transfer of investigation in Raibag PS crime No.227/2024 to the hands of an independent agency, like that of the Central Bureau of Investigation (CBI for short) to investigate into the alleged acts Vide Annexure-A. B. That if this Hon’ble court come to conclusion that this petitioner is not entitled prayer A the Hon’ble court be please to issue writ in the nature of mandamus directing the 4 to 8 to change the IO to investigate into the alleged acts Vide Annexure-A C. The Hon’ble Court may also be pleased to pass any other writ, order direction etc in the above case to serve the lends of justice” 2. Heard Sri.S.B.Doddagoudar, learned counsel for the petitioner, Sri.V.S.Kalasurmath, learned AGA for respondent Nos.2 and 5 to 9, Sri.Venkatesh Kharvi, learned counsel for respondent No.1 and Sri.Neelendra D. Gunde, learned counsel for respondent No.3 and 4. 3. The petitioner is before this Court seeking a direction to hand over the investigation in Crime No.227 of 2024 to the Central Bureau of Investigation. - 4 - HC-KAR NC: 2025:KHC-D:14516 WP No. 104790 of 2025 4. The reason for seeking the investigation to be hand over to the Central Bureau of Investigation (CBI) is that 40 grams of gold have gone missing from his house. Therefore, the petitioner contends that the CBI should step in, investigate and trace out the perpetrators of thieving of 40 grams of gold. 5. The petition for this prayer deserves to be dismissed with exemplary costs. However, this Court is holding its hands to leaving open the remedy available to the petitioner, as the learned AGA has placed on record that a report is being placed before the concerned Court in the said crime. Accordingly, while deprecating the prayer that is sought for handing over the investigation to CBI in a case of theft inside a private house, the petition stands disposed of, leaving open the remedy available to the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE RHR/CT-ASC List No.: 1 Sl No.: 66