- 1 - HC-KAR NC: 2025:KHC:34815 WP No. 49783 of 2019 C/W WP No. 42182 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI WRIT PETITION NO. 49783 OF 2019 (GM-RES) C/W WRIT PETITION NO. 42182 OF 2019 (GM-RES) IN WP No. 49783/2019 BETWEEN: SMT SURRINDER UPPAL WIFE OF COL.R.S.UPPAL(RETD.), AGED ABOUT 71 YEARS, R/O.NO.177, HIMAGIRI MEADOWS, NEAR MEENAKSHI TEMPLE, B.G.ROAD, BENGALURU-560083. (SENIOR CITIZEN NOT CLAIMED ANY BENEFIT) …PETITIONER (BY SRI.H.MUNISWAMY GOWDA, ADVOCATE) AND: 1. DEPARTMENT OF HOME VIDHANA SOUDHA, BANGALORE-560001. BY ITS SECRETARY. 2. COMMISSIONER OF POLICE BENGALURU CITY, BENGALURU-560001. 3. HULIMAVU POLICE STATION BY ITS PUBLIC PROSECUTOR, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34815 WP No. 49783 of 2019 C/W WP No. 42182 of 2019 HIGH COURT BUILDING, BENGALURU-560083 4. GOPALAKRISHAN S/O NANJAPPA AGED ABOUT 35 YEARS, R/O NO.176, HIMAGIRI MEADOWS, NEAR MEENAKSHI TEMPLE, B.G.ROAD, BENGALURU-560083 5. SRINIVAS S/O NANJAPPA AGED ABOUT 33 YEARS, R/O NO.176, HIMAGIRI MEADOWS, NEAR MEENAKSHI TEMPLE, B.G.ROAD, BENGALURU - 560083. 6. MANJUNATHA S/O JAYANNA AGED ABOUT 26 YEARS, R/O NO.176, HIMAGIRI MEADOWS, NEAR MEENAKSHI TEMPLE, B.G.ROAD, BENGALURU-560083. 7. NAGARAJ @ RAJU.H S/O HONNE GOWDA AGED ABOUT 42 YEARS, R/O NO.4, 4TH MAIN, BALAJI LAYOUT, HONGGASANDRA, BANGALORE-560083. 8. PRADEEP S/O LATE PEDENNA, AGED ABOUT 38 YEARS, NO.45, HARAPANAHALLI, - 3 - HC-KAR NC: 2025:KHC:34815 WP No. 49783 of 2019 C/W WP No. 42182 of 2019 JIGANI HOBLI, ANEKAL TALUK, BANGALORE-562106 9. MOHAN KUMAR S/O M. NANJAPPA, AGED ABOUT 32 YEARS, R/O NO.176, HIMAGIRI MEADOWS, NEAR MEENAKSHI TEMPLE, B.G.ROAD, BENGALURU-560083. 10. CHANDRASHEKAR S/O M.NANJAPPA, AGED ABOUT 39 YEARS, R/O NO.176, HIMAGIRI MEADOWS, NEAR MEENAKSHI TEMPLE, B.G.ROAD, BENGALURU-560083. 11. VENKATESH S/O MUNIYAPPA AGED ABOUT 38 YEARS, R/O NO.123/C, NARAYANASWAMY LAYOUT, ANEKAL TOWN, ANEKAL, BANGALORE-562106 12. SAMPANGIRAMAIAH S/O LATE KRISHNAPPA, AGED ABOUT 36 YEARS, R/O CD HOSAKOTE VILLAGE, KASABA HOBLI, ANEKAL TALUK, BANGALORE 13. NAGARAJ S/O GULAPPA, AGED ABOUT 44 YEARS, R/O MADHUMITRA LAYOUT, - 4 - HC-KAR NC: 2025:KHC:34815 WP No. 49783 of 2019 C/W WP No. 42182 of 2019 BOGIHOSAHALLI VILLAGE, JIGANI HOBALI, ANEKAL TALUK, BANGALORE …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1 TO R3; SRI.VIJAY KUMAR.K & TAMILARASI.K, ADVOCATES FOR R4 & R13) THIS W.P IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FILED PRAYING TO DIRECT THE R-1 TO HAND OVER RECORDS IN C.C.NO.29423/2017 (CRIME NO.155/2017) AT ANNX-G TO ANY OTHER INDEPENDENT INVESTIGATING AGENCY/POLICE STATION/POLICE OFFICER WITH A FURTHER DIRECTION TO HOLD A DEN OVA INVESTIGATION OR IN THE ALTERNATIVE A FRESH INVESTIGATION U/S 157 OF THE Cr.P.C. OR FURTHER INVESTIGATION U/S 173(8) OF THE Cr.PC AND ETC., IN WP NO. 42182/2019 BETWEEN: SMT SURRINDER UPPAL WIFE OF COL.R.S. UPPAL (RETD), AGED ABOUT 71 YEARS, R/O.NO.177, HIMAGIRI MEADOWS, NEAR MEENAKSHI TEMPLE, B.G. ROAD, BENGALURU-560083. (SENIOR CITIZEN NOT CLAIMED ANY BENEFIT) ...PETITIONER (BY SRI.H.MUNISWAMY GOWDA, ADVOCATE) AND: 1. DEPARTMENT OF HOME VIDHANA SOUDHA, BANGALORE-560001, BY ITS SECRETARY. - 5 - HC-KAR NC: 2025:KHC:34815 WP No. 49783 of 2019 C/W WP No. 42182 of 2019 2. COMMISSIONER OF POLICE BENGALURU CITY, BENGALURU-560001. 3. HULIMAVU POLICE STATION BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560083. 4. SHIVU S/O SUBBE GOWDA AGED ABOUT 25 YEARS, R/O NO.20/1, 20TH CROSS, NOBO NAGAR, B.G.ROAD, BANGALORE-560083. 5. KISHORE S/O SHANKARE GOWDA AGED ABOUT 27 YEARS, R/O NO.20/1, 20TH CROSS, NOBO NAGAR, B.G.ROAD, BANGALORE-560083. 6. SRINIVAS S/O NANJAPPA AGED ABOUT 32 YEARS, R/O NO.176, HIMAGIRI MADOWS, B.G.ROAD, BENGALURU - 560083. 7. CHANDRA N SHEKAR S/O M.NANJAPPA, AGED ABOUT 39 YEARS, R/O NO.176, HIMAGIRI MADOWS, NEAR MEENAKSHI TEMPLE, B.G.ROAD, BENGALURU-560083. ...RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1 TO R3; - 6 - HC-KAR NC: 2025:KHC:34815 WP No. 49783 of 2019 C/W WP No. 42182 of 2019 SRI.MANJU.M, ADVOCATE FOR R4 & R5; SRI.VIJAY KUMAR.K, ADVOCATE FOR R6 & 7) THIS W.P IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO HAND OVER RECORDS IN CRIME NO.151/2017 TO ANY OTHER INDEPENDENT INVESTIGATING AGENCY/POLICE STATION/POLICE OFFICER/WITH A FURTHER DIRECTION TO HOLD A DEN OVA INVESTIGATION OR IN THE ALTERNATIVE A FRESH INVESTIGATION U/S 157 OF THE Cr.P.C. OR FURTHER INVESTIGATION U/S 173(8) OF THE Cr.P.C AND ETC., THESE PETITIONS, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI COMMON ORDER Defacto complainant has filed these petitions under Article 226 of the Constitution of India r/w Section 482 Cr.P.C, with a prayer to hand over the investigation to any independent investigating agency/police station/police officer, with a direction to hold a de novo investigation or a fresh investigation under Section 157 Cr.P.C or further investigation under Section 173(8) of Cr.P.C. - 7 - HC-KAR NC: 2025:KHC:34815 WP No. 49783 of 2019 C/W WP No. 42182 of 2019 2. W.P.No.49783/2019 relates to C.C.No.29423/2017 on the file of V ACMM, Bengaluru arising out of Cr.No.155/2017 of Hulimavu PS, for the offences punishable under Sections 143, 147, 323, 325, 354, 355, 506 r/w Section 149 IPC. 3. W.P.No.42182/2019 relates to C.C.No.24137/2017 on the file of V ACMM, Bengaluru (arising out of Cr.No.151/2017 of Hulimavu PS), for the offences punishable under Section 447 r/w 34 IPC. 4. For the sake of convenience, parties are referred to by their ranks before the trial Court. 5. Since the defacto complainant and accused persons are common and facts relating to these cases are common as well as the grounds urged and involves common discussion, they are clubbed together and disposed off by a common order. - 8 - HC-KAR NC: 2025:KHC:34815 WP No. 49783 of 2019 C/W WP No. 42182 of 2019 6. In support of the petitions, the defacto complainant has contended that her husband is an Ex- serviceman having retired as Colonel. She and her family members are living in Himagiri Medos Apartments, Bannerghatta Road, Bengaluru-83. Her neighbours started harassing and interfering with their peaceful possession and enjoyment of their Villa. There is sewage treatment plant (STP) in front of petitioner's house. Therefore, they kept plant pots to reduce smell and to improve general surroundings of STP. On 25.04.2017, the neighbours with the help of committee members of Residential Welfare Association removed all the flower pots and damaged their property. In this regard, a complaint was filed by petitioner's husband on 26.05.2017. However, the concerned police issued NCR.No.351/2017. 6.1 On 28.04.2017, the water supply to their house was disconnected for 10 days without notice. In this regard one more complaint was filed and NCR.No.356/2017 was issued. In this background, the neighbours and certain - 9 - HC-KAR NC: 2025:KHC:34815 WP No. 49783 of 2019 C/W WP No. 42182 of 2019 committee members developed dislike towards the defacto complainant and her family members and they wanted petitioner and her family members to leave the apartments, as they belong to Sikh religion. On 03.05.2017, neighbours and some of their associates entered into petitioner's property and gave threat. On 04.05.2017, they tried to trespass to the petitioner's house. A complaint was filed for police protection. Again NCR.No.370/2017 was issued. 6.2 In this background, petitioner's husband gave representation to the Human Rights Commission on 02.05.2017 in HRC.No.2521/10/31/2107 and also to Ex.serviceman Association on 03.05.2017, expressing his fear of physical harm. He along with his sons met the Police Commissioner and DCP, South on multiple times. 6.3 On 03.05.2017, the neighbours and their associates trespassed to the petitioner's house and gave threat to life and property. On 05.05.2017, complaint was filed along with CCTV footage. Without any alternative, the concerned - 10 - HC-KAR NC: 2025:KHC:34815 WP No. 49783 of 2019 C/W WP No. 42182 of 2019 police registered the case in Cr.No.151/2017. On 13.05.2017, emboldened by the failure of the concerned police to act on the earlier complaints, the neighbours with the help of their servant, associates, anti-social elements, gunda elements armed with deadly weapons like iron rod and Knucklers brutally assaulted petitioner and her family members in broad daylight. Petitioner's son Harmeet Singh Uppal sustained multiple fractures, broken jaw and underwent surgery for 5 hours. Her other son Harpreet Singh Uppal was also assaulted and he also sustained multiple injuries. Petitioner was also assaulted and due to the assault, she lost sight in one eye. The entire incident happened in the presence of neighbours and it is recorded in the CCTV footage. The members of the association and security personnel failed to intervene and rescue them. On the other hand they allowed the assailants to escape. 6.4 In this regard a case in Cr.No.155/2017 was registered on 13.05.2017. During the investigation, the investigating officer deliberately has failed to collect CCTV - 11 - HC-KAR NC: 2025:KHC:34815 WP No. 49783 of 2019 C/W WP No. 42182 of 2019 camera footage from the residential complex. Intentionally, the charge sheet is filed for lesser offences. The investigating officer has concocted the statements of the husband and sons of petitioner dated 10.08.2017, on which date they were at Delhi. He has also concocted the statement of petitioner as though she has stated that she is not willing to implicate some of the committee members and withdrawing allegations against them. In this regard petitioner has approached the Karnataka Human Rights Commission, complaining unfair investigation to help the accused persons. The Ex. Inspector General of Police heading the Commission also found that the investigating officer has not conducted fair investigation and fabricated records. In the above facts and circumstances, the present petitions are filed seeking denovo investigation/independent investigation/ fresh investigation and hence, the petitions. - 12 - HC-KAR NC: 2025:KHC:34815 WP No. 49783 of 2019 C/W WP No. 42182 of 2019 7. Learned High Court Government Pleader representing respondents 1 to 3 fairly conceded that having regard to the grounds urged and the material placed in the charge sheet, further investigation is necessary to unearth the truth and pray to dispose of the petitions with a direction to conduct further investigation. 8. On the other hand, learned counsel representing respondent No.4 would submit that the investigation was transferred to Suddagunte Palya PS and charge sheet is filed and there is no need for further investigation. 9. Heard elaborate arguments of both sides and perused the record. 10. In the light of the ratio in the decisions relied upon by the learned Senior counsel representing defacto complainant, it is necessary to examine whether it is a fit case for de novo fresh or further investigation as sought in the petitions. - 13 - HC-KAR NC: 2025:KHC:34815 WP No. 49783 of 2019 C/W WP No. 42182 of 2019 11. At the out set, it is relevant to note that complainant and her family members belong to Sikh community and they are from Punjab. The husband of the complainant is a Retired Army officer. They are senior citizens. It is not in dispute that they along with their two sons are residing at Villa No.177 of Himagiri Meadows situated near Meenakshi Temple, Bannerghatta Road, Bengaluru. It is also not in dispute that accused Nos.2 and 7 are residents of Villa No.176. It appears there are some difference of opinion between the family of defacto complainant and accused Nos.2 and 7 with some of the neighbours including some committee members of the Residential Welfare Association. 12. It is claimed by the defacto complainant that there is sewage treatment plant situated in front of their house and in order to reduce its smell and also to enhance the aesthetics of the environment they kept potted plants around the STP plant which would not affect any traffic or - 14 - HC-KAR NC: 2025:KHC:34815 WP No. 49783 of 2019 C/W WP No. 42182 of 2019 moment of the vehicles. It was objected to by some of the neighbours and members of the Residential Welfare Association, including accused Nos.2 and 7, who are the owners of the adjoining Villa. From the documents produced on record, it is evident that several complaints were given by the defacto complainant and her family members, in respect of which NCRs were issued. With regard to trespass into their house and disconnection of water supply, on *05.05.2017, she has given complaint which came to be registered in Cr.No.151/2017 and charge sheet is filed in C.C.No.24137/2017. 13. In this background, the incident dated 13.05.2017 took place, in respect of which case in Cr.No.155/2017 was registered and ultimately charge sheet in C.C.No.29423/2017 came to be filed. It is alleged that with regard to removing the flower pots kept around the STP and other related matters, accused Nos.2 and 7 developed ill will against CWs-1 to 3. In order to teach *Corrected vide Court Order dated: 23/09/2025 - 15 - HC-KAR NC: 2025:KHC:34815 WP No. 49783 of 2019 C/W WP No. 42182 of 2019 them lesson, accused Nos.1, 2, 6 and 7 called accused Nos.3, 4, 5, 8, 9 and 10. They came to the spot in a white Hyundai Verna car No.KA–41–Z–0726 and motorbike and assaulted CWs-1 to 3, as a result of which they sustained grievous injuries. They also outrage the modesty of the defacto complainant. After completing the investigation, the investigating officer has filed charge sheet for the offences punishable under Sections 143, 147, 323, 325, 354, 355, 506, r/w Section 149 IPC. Though in the complaint and statements of the witnesses, it is alleged that the accused persons used iron rod to assault CWs-1 to 3, as a result of which they sustained fractures and defacto complainant lost eyesight in one of her eye, the investigating officer has recovered a stick at the instance of accused No.8. Not being satisfied with the investigation, the defacto complainant has come up with these petitions. 14. It is specifically contended by CWs-1 to 3 that they were brutally assaulted by their neighbours with the help of their servants, associates, antisocial elements with - 16 - HC-KAR NC: 2025:KHC:34815 WP No. 49783 of 2019 C/W WP No. 42182 of 2019 deadly weapons like iron rod and Knucklers, resulting in multiple facial fractures and broken jaw to CW-1 Harmeet Singh, a cerebral contusion and vertigo to CW-2 Harpreet Singh Uppal. They were in-patients for 21 days and 15 days, respectively. On account of the blows given on the face and eye to defacto complainant who is cited as CW-3, she sustained injuries and ultimately lost sight in one of her eye. 15. However, the investigating officer instead of recovering the iron rod and Knucklers has seized a bamboo stick and intentionally failed to refer to iron rod in the statements of CWs-1 to 3, including the defacto complainant. Thus it appears that the investigation done by the investigating officer is either to weaken the prosecution case and thereby to help the accused persons or in a very casual and shoddy manner. The investigating officer has not collected the medical records, certificates, or MLC report to aid the prosecution case. Having regard to the - 17 - HC-KAR NC: 2025:KHC:34815 WP No. 49783 of 2019 C/W WP No. 42182 of 2019 nature of the injuries sustained by CWs-1 to 3 , these documents are very necessary and essential to frame charge for a higher offence than Section 326 for which it is filed. The investigating officers has also not collected complete medical records of CW-1 and 2. CW-1 Harmeet Singh had multiple facial fractures and broken jaw and underwent a facial reconstruction surgery. 16. The investigating officer has also not collected the CCTV footage of the place when the incident took place. Some of the photographs produced in this petition clearly reflect the persons who are involved in the incident. The investigating officer has also placed some of the statements given by defacto complainant, which she is disputing to have given and they are fabricated. He has also allegedly recorded statements dated *10.08.2017 given by CW-1 Harmeet Singh and *CW-7 Colonel R.S.Uppal on which date they were not present at Bengaluru, but had gone to Delhi. It is alleged that this is done by the *Corrected vide Court Order dated: 23/09/2025 - 18 - HC-KAR NC: 2025:KHC:34815 WP No. 49783 of 2019 C/W WP No. 42182 of 2019 investigating officer either to weaken the prosecution case and thereby to help the accused or very casually he has placed them on record without actually the witnesses giving the said statements. 17. It is submitted by the learned Senior counsel representing the defacto complainant that even though the entire incident was witnessed by the neighbours which fact is forthcoming from the photographs taken from the CCTV footage, the investigating officer has failed to record the statements and cite them as witnesses with obvious reason to help the accused persons. In fact, he has not questioned CWs-1 to 3 as to who are all present when the incident took place. They could have been the best persons to state as to the presence of independent witnesses. In order to demonstrate this fact, the defacto complainant has produced a letter dated 15.05.2017 given by some of the residents of Giri Meadows, with their signatures addressed to the house owners welfare Association stating that some antisocial elements and Gunda's entered the layout and - 19 - HC-KAR NC: 2025:KHC:34815 WP No. 49783 of 2019 C/W WP No. 42182 of 2019 they were not stopped by the security guards, etc. This letter is signed by 32 residents. 18. The copies of CCTV footage of the statements given by neighbours to the channels and exchange of messages also indicate that the neighbours were also realised that some of the accused who are resident of the said layout have invited Gunda elements to assault the CWs-1 to 3 and it was witnessed by many of the neighbours. In fact, before the incident, the defacto complainant and her sons have repeatedly brought to the notice of the concerned police that there was the threat to their life. Despite the same, the concerned police have not taken any steps, as a result they had to approach Human Right Commission and other Agencies. 19. In the light of all these aspects, it is evident that the investigating officer has not conducted proper investigation and in a casual manner, filed the charge sheet as though just to wash his hands with the case, not - 20 - HC-KAR NC: 2025:KHC:34815 WP No. 49783 of 2019 C/W WP No. 42182 of 2019 worrying about whether it truly reflected what has actually transpired and whether all the material required to establish the allegations were placed on record or not. This would not have happened, had the investigating officer conducted the investigation impartially and without any extraneous considerations. In the light of the same, further investigation is necessary in Cr.No.155/2017 of Hulimavu PS. It should be done by a honest and competent police officer. 20. In the result, W.P.No.49783/2019 the petitioner deserves to be allowed in part and accordingly the following: ORDER (i) W.P.No.49783/2019 filed by petitioner/defacto complainant under Article 226 of the Constitution of India r/w Section 482 of Cr.P.C is allowed. - 21 - HC-KAR NC: 2025:KHC:34815 WP No. 49783 of 2019 C/W WP No. 42182 of 2019 (ii) The Commissioner of Police is directed to appoint a honest and competent police officer of the cadre of Police Inspector to conduct further investigation in Cr.No.155/2017 of Hulimavu PS, in the light of observations made during the course of this order and file additional charge sheet within a reasonable time, but not more than three months. (iii) The further proceedings in C.C.No.27423/2017 on the file of V ACMM, Bengaluru arising out of Cr.No.155/2017 of Hulimavu PS is stayed till the filing of additional charge sheet. (iv) However, W.P.No.42182/2019 filed by defacto complainant under Article 226 of the Constitution of India r/w Section 482 of Cr.P.C with regard Cr.No.151/2017 of - 22 - HC-KAR NC: 2025:KHC:34815 WP No. 49783 of 2019 C/W WP No. 42182 of 2019 Hulimavu PS (C.C.No.24137/2017 on the file of V ACMM, Bengaluru), is rejected. (iv) The Registry is directed to send a copy of this order to the trial Court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 41