- 1 - HC-KAR NC: 2025:KHC:38646 WP No. 28163 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 28163 OF 2025 (GM-POLICE) BETWEEN: SRI S MALLESHAPPA S/O LATE POOJAR SANNAMALLAPPA AGES ABOUT 77 YEARS R/O OJUGUNTE VILLAGE KASABAHOBLI SIRA TALUK TUMKUR DISTRICT NOW R/O JYOTHINAGAR, SIRA TALUK TUMKUR DISTRICT -561203. …PETITIONER (BY SRI. N G DEVISREE.,ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38646 WP No. 28163 of 2025 AND: THE SUPERINTENDENT OF POLICE THE OFFICE OF THE SUPERINTENDENT OF POLICE TUMKUR DISTRICT TUMKUR-561 203. …RESPONDENT (BY SMT.K.P. YASHODHA., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- ISSUE A WRIT OF MANDAMUS, TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER TO RESPONDENT DATED 20.08.2025 AND 25.08.2025 AND PROVIDE PROTECTION TO EXERCISE THEIR LAWFUL RIGHT WITHOUT ANY HINDERANCE i.e., ANNEXURE -B AND C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:38646 WP No. 28163 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, relying upon an undertaking given before this Court in the Regular Second Appeal in RSA No.1699/2010 and the Cross Objection in CROB No.12/2010, seeks direction to the respondent to extend protection. Ms.N.G.Devisree, the learned counsel for the petitioner, while pointing out that the petitioner is 77 years old, submits that the petitioner has approached the respondent as per Annexure-B because he apprehends that despite an undertaking with this Court, the concerned, as on the previous occasion, was distributing Handbills to hold out that they are organizing the event/pooja. Ms.K.P.Yashodha, the learned Additional Government Advocate who accepts notice for the respondent, is heard and the records are perused. - 4 - HC-KAR NC: 2025:KHC:38646 WP No. 28163 of 2025 The undertaking which the petitioner relies upon by Sri.S.Malleshappa and others in the aforesaid cases reads as under: "Learned counsel for the respondents submits that, the respondents undertakes not to interfere with the performance of pooja, rituals by the appellants. In view of the undertaking by the respondents, I do not find any grounds to issue a direction to the police in enforcing order dated 04.10.2010". The police must ensure that there is no violation of this undertaking but then they cannot intervene on the grounds of distribution of Handbills. Further, this Court must observe that no representation is addressed to the jurisdictional Police and it is only to the respondent, the Superintendent Police in charge of the district. In the light of the afore, the petition stands dispose of with liberty to the petitioner to file a certified copy of this - 5 - HC-KAR NC: 2025:KHC:38646 WP No. 28163 of 2025 order with the jurisdictional police who shall act as required to maintain law and order. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr