Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:42432 WP No. 36063 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 36063 OF 2024 (GM-POLICE) BETWEEN:
SRI. ANIL KUMAR M K S/O LATE M.R KRISHNAPPA AGED ABOUT 45 YEARS PRESENTLY WORKING AS CONSTABLE -223 1ST BATTALION, KSRP, NO 60, RICHMOND ROAD, BANGALORE- 25 RESIDING AT: 75, HEGDE DEVANAPURA, ALUR POST, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE- 562 123 …PETITIONER (BY SRI. NAIK VENKATRAMAN NAGAPPA, ADVOCATE)
AND:
1.
STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY HOME DEPARMTENT (POLICE SERVICES B) VIDHANA SOUDHA, AMBEDKAR VEEDHI, BANGALORE- 560 001.
2.
THE ADDITONAL DIRECTOR GENERAL OF POLICE KSRP, POLICE HEAD QUARTERS NRUPATHUNGA ROAD, BANGALORE- 560 001
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:42432 WP No. 36063 of 2024
3.
THE COMANDANT 1ST BATTALION KSRP, RICHMOND CIRCLE BANGALORE- 560025 …RESPONDENTS (BY SMT. K.P. YASHODA, AGA)
***
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1/STATE GOVERNMENT TO GRANT THE SANCTION FOR PROSECUTION AGAINST THE ACCUSED, BY CONSIDERING THE SANCTION APPLICATION OF THE PETITIONER DATED 05.03.2020 VIDE ANNEXURE-E TO PROSECUTE THE ACCUSED IN C.C.NO.34/2019 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 166, 350, 354, 383, 406, 432, 447, 448, 506(2) READ WITH SECTION 34 OF INDIAN PENAL CODE, BEFORE THE J.M.F.C-III COURT, SHIVAMOGGA, ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Petitioner is before this Court seeking for the following reliefs:
"a) Issue appropriate writ of mandamus, directing the Respondent No.1/State Government to grant the sanction for prosecution against the accused, by considering the sanction application of the petitioner dated 05.03.2020 vide Annexure-E to prosecute the accused in C.C.No.34/2019 for the offences punishable under Sections 166, 350, 354, 383, 406, 432, 447, 448,
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HC-KAR NC: 2025:KHC:42432 WP No. 36063 of 2024
506(2) read with Section 34 of Indian Penal Code, before the J.M.F.C-III Court, Shivamogga and, b) Pass such other orders as may be deemed fit under the facts and circumstances of the case in the interest of justice and equity."
2. The grievance of the petitioner is that the application filed by the petitioner dated 05.03.2020 at Annexure E, seeking for sanction to prosecute the Appeal in C.C.No.34/2019 has not been considered.
3. Whenever an application is filed before the respondent seeking for sanction of prosecution, the same is required to be considered and necessary orders passed, either accepting or rejecting the request, within a reasonable time. Neither having been done, I pass the following:
ORDER (i) Writ Petition is allowed; (ii) A mandamus is issued directing respondent No.1 to consider and pass
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HC-KAR NC: 2025:KHC:42432 WP No. 36063 of 2024
necessary orders on the application of the petitioner dated 05.03.2020 at Annexure E, within a period of thirty days from the date of receipt of a copy of this order.
SD/- (SURAJ GOVINDARAJ) JUDGE
BMV* List No.: 1 Sl No.: 42