Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:30297 WP No. 23669 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 23669 OF 2025 (GM-POLICE)
BETWEEN:
1.
SRI B N MONNAPPA, S/O LATE B. K. NACHAPPA, AGED ABOUT 63 YEARS, RESIDING AT NO. 128, 3RD MAIN, 1ST BLOCK, RMV 2ND STAGE, BENGALURU - 560094.
2.
SMT B M SARASWATHI W/O B. N. MONNAPPA, AGED ABOUT 60 YEARS, RESIDING AT NO. 128, 3RD MAIN, 1ST BLOCK, RMV 2ND STAGE, BENGALURU - 560094. &PETITIONERS (BY SRI. DHYAN CHINNAPPA, SENIOR ADVOCATE FOR SRI. ROHAN VEERANNA TIGADI.,ADVOCATE)
AND:
1.
COMMISSIONER OF POLICE BENGALURU CITY POLICE, INFANTRY ROAD, BENGALURU - 560001.
Digitally signed by VANAMALA N Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2025:KHC:30297 WP No. 23669 of 2025
2.
THE DEPUTY COMMISSIONER OF POLICE, BENGALURU NORTH DIVISION, NEAR SAVINDHANA CIRCLE, YESHWANTPUR, BENGALURU - 560 022.
3.
THE STATION HOUSE OFFICER, SANJAYNAGAR POLICE STATION, SANJAYNAGAR MAIN ROAD, BENGALURU 560 094. &RESPONDENTS (BY SRI.SHAMANTH NAIK., ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO FORTHWITH ACT ON THE REPRESENTATION DATED 1.08.2025 AT ANNX-A FILED BY THE P-1 BEFORE THE R-1; DIRECT THE RESPONDENT TO ACCORD POLICE PROTECTION TO PETITIONER.
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 petitioners have admittedly purchased an immovable property in an auction conducted under the aegis of the National Company Law Tribunal, and they have filed this petition for a writ of mandamus to the respondents [Police Authorities] to consider their
- 3 -
HC-KAR NC: 2025:KHC:30297 WP No. 23669 of 2025
representation dated 01.08.2025 [Annexure-A], amongst others, for police protection.
2. Sri Dhyan Chinnappa, the learned Senior Counsel for the petitioner, seeking to rely on statements made in the memorandum of petition submits that the third respondent has summoned the petitioners to the Police Station and insisted upon the petitioners to settle the claim filed by a certain B.G.Prasanna, who asserts that he is entitled to commission, and that the petitioners are brought under duress to settle the claim.
3. Sri Shamanth Naik, a learned High Court Government Pleader, who is called upon to accept notice, submits, on instructions from Sri.Madhoosudhan B, Sub-Inspector of Police, Sanjay Nagar Police Station, Bengaluru [who is present], that a complaint has been received for a money claim and the complaint is considered, and the Officer is of the
- 4 -
HC-KAR NC: 2025:KHC:30297 WP No. 23669 of 2025
view that it is a civil claim and therefore the complainant will be informed accordingly.
4. This Court is of the considered view, notwithstanding certain circumstances detailed in the memorandum of petition, that this stand must bring closure to the petitioners' prayer for a writ of mandamus not to be brought under duress by the respondents. Insofar as the petitioners' prayer for protection, this Court must record that Sri Shamanth Naik, once again on instructions, submits that a threat report will be generated after enquiring with the complainant [Sri.B.G.Prasanna] and filed with the Commissioner of Police for just orders. This should also address the petitioners' grievance on threat provided that there is expedited action. Hence, Sri.Madhoosudhan B, the Sub-Inspector of Police, Sanjay Nagar Police Station, Bengaluru must be called to forward such Report to the Commissioner of Police. This Court must also direct the Officer to file
- 5 -
HC-KAR NC: 2025:KHC:30297 WP No. 23669 of 2025
such Report by 08.08.2025 lest there be consequences to the Officer.
ORDER
The petition stands disposed of directing Sri.Madhoosudhan B, the Sub-Inspector of Police, Sanjay Nagar Police Station, Bengaluru to forward the Threat Report [including the Statement of the Complainant - Sri.B.G.Prasanna] to the Commissioner of Police, Bengaluru by 08.08.2025 calling upon the Commissioner to take appropriate action on such Report.
Sd/- (B M SHYAM PRASAD) JUDGE
AN/-