- 1 - HC-KAR NC: 2025:KHC:35452 WP No. 21430 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 21430 OF 2025 (GM-POLICE) BETWEEN: MURALIDHAR S K S/O LATE KARIBASAPPA AGED ABOUT 40 YEARS ARAHATOLALU VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA-577201 …PETITIONER (BY SRI. SARVAMANGAL CHIKKANAGOUDAR, ADVOCATE FOR SRI. M.R.HIREMATHAD., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SUPERINTENDENT OF POLICE SHIVAMOGGA - 577201. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35452 WP No. 21430 of 2025 2. THE POLICE SUB INSPECTOR HOLEHONNURU POLICE, SHIVAMOGGA DISTRICT - 577 201 BOTH ARE REP THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560001. 3. SHOBHA D/O VELU, AGED ABOUT 45 YEARS 4. GIRISHA S/O VELU AGED ABOUT 47 YEARS 5. ROOPA D/O VELU AGED ABOUT 50 YEARS, 6. DEVENDRAPPA S/O PARIMALA AGED ABOUT 46 YEARS, 7. MUNIYAPPA S/O SHAMUKHA AGE 63 YEARS , 8. MANIKANTA S/O MUNIYAPPA AGE 42 YEARS , - 3 - HC-KAR NC: 2025:KHC:35452 WP No. 21430 of 2025 9. YAGESHA S/O GANESHAPPA AGE 47 YEARS , 10. SWAMY S/O KENCHAPPA AGE 45 YEARS , RESPONDENTS NO. 3 TO 10 RESIDENTS OF ARAHATOLALU VILLAGE, BHADRAVATHI TALLUK, SHIVAMOGGA-577201. …RESPONDENTS (BY SMT.K.P. YASHPODHA., AGA FOR R1 & R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO-1 SUPERINTEND OF POLICE SHIVAMOGGA TO CONSIDER THE COMPLAINT OF THE PETITIONER DATED 23-06- 2025 PRODUCED AT ANNEXURE-F BY TAKING NECESSARY ACTION AGAINST THE RESPONDENT NO-2 AND PRIVATE RESPONDENTS NO. 3 TO R9; FURTHER PRAYED FOR DIRECTIONS TO THE 2ND RESPONDENT HOLEHONNURU POLICE TO GIVE PROTECTIONS TO THE PETITIONER IN ACCORDANCE WITH THE ORDER OF THIS HONBLE - 4 - HC-KAR NC: 2025:KHC:35452 WP No. 21430 of 2025 COURT IN WP NO-10398/2025 DATED 29-04-2025 PRODUCED AT ANNEXURE-D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner has the advantage of an order of this Court in the writ petition in W.P.No.10398/2025. This Court, in such petition by the order dated 29.04.2025, has directed the petitioner [who is joined by other two] and the authorities to maintain status quo, and this order relates to 20 guntas of land in Survey No. 105 of Arahatholalu Village, Holehonnur Hobli, Bhadravathi Taluk [subject property]. This writ petition in W.P.No.10398/2025 is pending consideration. - 5 - HC-KAR NC: 2025:KHC:35452 WP No. 21430 of 2025 2. The petitioner has filed the present petition for directions to the Superintendent of Police, Shivamogga [the first respondent] to take action against the second respondent [the jurisdictional Station House Officer] and the other respondents, asserting that the second respondent has aided the other respondents in violating the orders of status quo. The petitioner contends that the second respondent, in violation of the orders of the status quo, has extended police protection to the respondents who have cremated the deceased in the subject property. 3. This Court has called upon the second respondent to file an affidavit in the light of this assertion and the incumbent second respondent has filed an affidavit. The incumbent second respondent, while averting to a certain incident on 22.06.2025 when his predecessor was in office, has stated that on 11.07.2025 and 03.08.2025 there were other - 6 - HC-KAR NC: 2025:KHC:35452 WP No. 21430 of 2025 attempts to cremate the deceased in the subject property resulting in some gathering leading to a possible law and order situation. However, the incumbent second respondent is categorical that after 03.08.2025, there has been no funeral or cremation in the subject property. The material parts of the affidavit in these regards read as under: "5. I further state that Petitioner has given another complaint on 11.07.2025 to take action against the private respondents herein. I submit that we have recorded the statements of those persons on 03.08.2025. It was also informed to them that there is a status quo order operating against the said land. After 03.08.2025 no dead body has been buried in the said land. It is further submitted that till today the petitioner has not furnished any document to show the extent of his land.I state that I have not given any police protection to any party to violate any order of this Hon'ble Court. 6. I further state that as per the records my predecessor has also not given any police protection to anybody to bury the dead body in the disputed land. My predecessor in office also has deputed staff to maintain law and order in the locality which is part of duty." - 7 - HC-KAR NC: 2025:KHC:35452 WP No. 21430 of 2025 4. This Court is of the view that this affidavit addresses the petitioner's grievance with the second respondent knowing the orders of the status quo, and that the second respondent must ensure that a board is put up in the subject property showing the pendency of the writ petition and the orders of this Court. While so directing and calling upon for a compliance report to be filed with the Registry within two weeks from today, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE AN/-