Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:48466 WP No. 34416 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 34416 OF 2025 (GM-POLICE) BETWEEN:
SRI KALAMARAIAH AGED ABOUT 80 YEARS, S/O. LATE MARAKKA, RESIDING AT NO.48, 3RD CROSS, CENTRAL EXCISE LAYOUT, VIJAYANAGAR, BENGALURU - 560 040. …PETITIONER (BY SRI. SHIVA KUMAR N., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF HOME AFFAIRS, VIDHANA SOUDHA, BENGALURU - 560 001.
REP. BY ITS CHIEF SECRETARY
2.
THE COMMISSIONER OF POLICE, BENGALURU CITY, OFFICE OF THE COMMISSIONER OF POLICE, INFANTRY ROAD, BENGALURU - 560 001.
3.
THE ASSISTANT COMMISSIONER OF POLICE BYATARAYANAPURA SUB-DIVISION,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:48466 WP No. 34416 of 2025
BENGALURU - 560 024.
4.
THE INSPECTOR OF POLICE, ANNAPOORNESHWARI NAGAR POLICE STATION, BENGALURU URBAN, BENGALURU - 560 091 …RESPONDENTS (BY SMT. K.P. YASHODHA, AGA FOR R1 TO R4) ***
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A). ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT, DIRECTION, ORDER IN THE NATURE DIRECTING THE RESPONDENT NO. 2 TO 4 HEREIN TO EXTEND APPROPRIATE POLICE PROTECTION TO THE PETITIONER AND HIS MOVABLE AND IMMOVABLE PROPERTIES BY CONSIDERING THE COMPLAINT DATED 12.08.2025 SUBMITTED BY THE PETITIONER IN THE OFFICE OF RESPONDENT NO.4 VIDE ANNEXURE-A, 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 a writ of mandamus or any other writ, direction, order in the nature directing the Respondent No. 2 to 4 herein to extend appropriate police protection to the petitioner and his movable & immovable properties by considering the complaint dated 12.08.2025
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HC-KAR NC: 2025:KHC:48466 WP No. 34416 of 2025
submitted by the petitioner in the office of Respondent No.4 vide Annexure-A. b)GRANT any other or further relief/s which are deemed fit in the facts and circumstances of the case and in the interest of Justice and equity."
2. The petitioner has filed a suit in O.S.No.335/2024, before the XLI Additional City Civil and Sessions Judge, at Bangalore (CCH-42), wherein vide order dated 14.11.2024, an injunction was issued restraining the defendant from interfering with the petitioner's possession.
3. I.A.No.2 had been filed in the said matter seeking for a direction to the jurisdictional Police to give necessary protection to the plaintiff to implement the
order dated 14.11.2024, which also came to be allowed on 01/02.07.2025.
4. The petitioner, having followed up with the respondent, more particularly, respondent No.4, to implement the said order, the said order has not been implemented and necessary Police protection
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HC-KAR NC: 2025:KHC:48466 WP No. 34416 of 2025
has not been granted. It is in that background that the petitioner is before this Court, seeking for the aforesaid relief.
5. When a clear and categorical direction has been issued by the City Civil Court to grant Police protection to the petitioner, it was but required for respondent No.4 to have granted such Police protection.
6. The
order having been passed way-back on 01/02.07.2025, till date, the petitioner has been deprived of the implementation of the order.
7. In that view of the matter, I pass the following:
ORDER i) The writ petition is allowed; ii) Respondent Nos.2 to 4 are directed to comply with the order dated 01/02.07.2025 passed by the Court of XLI Additional City Civil and
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HC-KAR NC: 2025:KHC:48466 WP No. 34416 of 2025
Sessions Judge, at Bangalore (CCH-42), in I.A.No.2 in O.S.No.335/2024 and take necessary action, forthwith. iii) Respondent No.2 is directed to look into the matter and initiate such enquiry as may be required against respondent No.4 for non- compliance of the order of the Civil Court and take necessary action thereon. iv) Report of respondent No.2, in that regard, be placed on record, within sixty days from the date of receipt of a copy of this order. v) Though the above petition is disposed of, re- list this petition on 24.02.2026, for reporting compliance.
SD/- (SURAJ GOVINDARAJ) JUDGE BMV* List No.: 1 Sl No.: 22 CT-SG