- 1 - HC-KAR NC: 2025:KHC:28815 WP No. 7164 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 7164 OF 2015 (GM-POLICE) BETWEEN: SIDDALINGAKUMAR D.R. S/O. LATE REVANASIDDAIAH, AGED ABOUT 37 YEARS, NO.1959, 5TH CROSS, 2ND MAIN, SRINAGARA EXTENSION, KYATASANDRA POST, TUMKUR-572 104 …PETITIONER (BY SRI. MOULYAPOORNA R., ADVOCATE) AND: 1. YAMUNA C.R. D/O RENUKAPPA, AGE ABOUT 28 YEARS, OPP: WATER TANK, SARASWATHIPURAM, TUMKUR-572105. 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, KARNATAKA STATE, NRUPATHUNGA ROAD, BENGALURU-560001 3. THE SUPERINTENDENT OF POLICE TUMKUR DISTRICT, TUMKUR-572102. 4. THE CIRCLE INSPECTOR OF POLICE TOWN STATION, TUMKUR-572101. 5. THE STATION HOUSE OFFICER KYATASANDRA POLICE STATION, TUMKUR-572104. Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28815 WP No. 7164 of 2015 6. DR. ASHOK KUMAR DEVEER AGE: MAJOR, ASST. PROFESSOR, OBG "B" UNIT, VANI VILAS HOSPITAL, BMCRI, BENGALURU-560002. …RESPONDENTS (BY SRI. MALLE GOWDA H.P., ADVOCATE FOR RESPONDENT NO.1; SRI. MAHANTESH SHETTAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.2 TO 5; SRI. VISHNU MURTHY, ADVOCATE FOR RESPONDENT NO.6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS TO THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, KARNATAKA AND TO REGISTER CASE AGAINST THE CIRCLE INSPECTOR OF POLICE, TUMKUR TOWN SRI.KUMARAPPA, CONSTABLE AND POLICE WHO HAVE ASSAULTED THE PETITIONER HEREIN AND HIS DECEASED FATHER ON 15.08.2012 AS PER COMPLAINT ANNEXURE-P UNDER SECTION 173(8) OF CR.P.C. AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for the following reliefs: "(i) Issue a writ in the nature of Mandamus to the Director General & Inspector General of Police, Karnataka and to register case against the Circle Inspector of Police, Tumkur Town Sri.Kumarappa, Constable and Police who - 3 - HC-KAR NC: 2025:KHC:28815 WP No. 7164 of 2015 have assaulted the Petitioner herein and his deceased father on 15-08-2012 vide as per Complaint Annexure - 'P' under section 173(8) of Cr.P.C. (ii) Quash the Endorsement dated 17-09-2012 for having closed the enquiry against the above Policemen by Dy.SP without registering case under section IPC 323, 324 read with 34 vide Annexure - 'R'. (iii) Direct the District Surgeon, Bengaluru (as there is no proper facility available at Tumkur to conduct such tests) by issue of Mandamus to conduct Sex Determination Test on 1st Respondent and submit a Report forthwith conduct other medical examination as may be required on 1st Respondent herein, in the presence of the Female Family Members of the Petitioner under this Hon'ble Court supervision. (iv) Quash the proceedings in C.C.No.260/2012 on the file of CJ (JD) and JMFC at Tumkur vide Annexure - 'F2' by deleting the names of other family members of the Petitioner i.e., mother and two sisters. (v) Quash the Medical Report dated 29-02-2012 issued by Dr.Ashok Kumar Devar of Vani Vilas Hospital - (filed by Police in Cr.No.43/12) vide Annexure - 'J, J1 to J2' and Direct for fresh Medical examinations on 1st Respondent in the presence of female family members of the Petitioner herein. (vi) Issue any other appropriate writ or order or direction, as this Hon'ble Court deems fit to grant, in the facts and circumstances of the case, in the interest of justice and equity." 2. Later, the petitioner has filed I.A.No.1/2025 seeking to replace the above reliefs by the following reliefs: - 4 - HC-KAR NC: 2025:KHC:28815 WP No. 7164 of 2015 "(i) Issue a writ in the nature of Mandamus to the DG & IGP, Karnataka and to Conduct medical examination of the 1st respondent herein and Sex determination test in the presence of the female members of the petitioner under this Hon'ble Court supervision. (ii) DIRECT THE DISTRICT SURGEON, BENGALURU (AS THERE IS NO PROPER FACILITY AVAILABLE AT TUMKUR TO CONDUCT SUCH TESTS) BY ISSUE OF MANDAMUS TO CONDUCT GENDER DETERMINATION TEST ON 1ST RESPONDENT AND SUBMIT A REPORT FORTHWITH. (iii) Issue any other appropriate writ or order or directions, as this Hon'ble Court deems fit to grant, in the facts and circumstances of the case, in the interest of justice and equity." 3. It is therefore, evident that the reliefs sought for in this writ petition, when it was filed, has spent in itself and does not survive for consideration. 4. I.A.No.1 filed seeking amendment of this writ petition is disposed off reserving liberty to the petitioner to pursue the reliefs sought in this writ petition in RPFC 279/2024 which is pending before this Court or before the Magistrate where trial is pending against the petitioner for an offence under Section 498A of Indian Penal Code in accordance with law. Under the circumstances, this writ petition does not survive for consideration and accordingly the same is disposed - 5 - HC-KAR NC: 2025:KHC:28815 WP No. 7164 of 2015 off, reserving liberty to the petitioner to seek appropriate reliefs as aforesaid. 5. All contention of the parties are kept open. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 22