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2025 DAILYLAW 65576 (KAR)

SHRUTI D/O RAMESH KOCHARI v. THE STATE OF KARNATAKA

WP/108612/2025 · 2025-11-20

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:16010 WP No. 108612 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108612 OF 2025 (GM-POLICE) BETWEEN: 1. SHRUTI D/O. RAMESH KOCHARI, AGE: 22 YEARS, OCC: PVT JOB, R/O: VIDYA NAGAR, HEBBAL, TQ: HUKKERI, DIST: BELAGAVI – 591 221. 2. TOUPIK S/O. FAKARUDDIN NADAF, AGE: 22 YEARS, OCC: PVT JOB, R/O: H NO 1419, HEBBAL, TQ: HUKKERI, DIST: BELAGAVI – 591 221. …PETITIONERS (BY SRI. A. D. NADAF, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH ITS PRINCIPAL SECRETARY, LAW JUSTICE ANDHUMAN RIGHTS DEPARTMENT, VIDHAN SOUDHA, BANGALORE – 01. 2. ADDITIONAL SUPERINTENDENT OF POLICE, POLICE HEAD QUARTERS, SHUBHASH NAGAR, BELAGAVI – 01. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16010 WP No. 108612 of 2025 3. SUPERINTENDENT OF POLICE, POLICE HEAD QUARTERS, SHUBHASH NAGAR, BELAGAVI – 01. 4. STATION HOUSE OFFICER, SHANKESHWAR POLICE STATION, SHANKESHWAR 591313. 5. SUB REGISTRAR OF OFFICE, AT SHANKESHWAR – 591 313. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION. DIRECTING RESPONDENT NOS.1 TO 4 TO ENSURE THE PROTECTION OF THE PETITIONER’S LIFE AND PERSONAL LIBERTY FROM ANY THREAT. DIRECT RESPONDENT NOS.2 TO 4 TO PROVIDE ADEQUATE POLICE PROTECTION TO PETITIONER'S TO ENSURE THEIR SAFETY AND SECURITY ON 21/11/2025 DURING THE PROCESS OF THEIR INTENDED MARRIAGE BEFORE THE RESPONDENT NO.5, AND ALSO PROVIDE APPROPRIATE SECURITY THEREAFTER. DIRECT RESPONDENT NO.5 TO PROCEED WITH THE INTENDED MARRIAGE OF THE PETITIONERS ON DATED 21/11/2025 IN ACCORDANCE WITH LAW, WITHOUT BEING INFLUENCED BY ANY EXTERNAL PRESSURE OR OBJECTION BEYOND THE SCOPE OF THE SPECIAL MARRIAGE ACT, 1954 AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16010 WP No. 108612 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court seeking the following prayer: A. Issue a writ of mandamus or any other appropriate writ, order, or direction; directing Respondent Nos.1 to 4 to ensure the protection of the Petitioner’s life and personal liberty from any threat. B. Direct Respondent Nos.2 to 4 to provide adequate police protection to petitioners to ensure their safety and security on 21/11/2025 during the process of their intended marriage before the respondent no.5, and also provide appropriate security thereafter. C. Direct Respondent No.5 to proceed with the intended marriage of the Petitioners on dated 21/11/2025 in accordance with law, without being influenced by any external pressure or objection beyond the scope of the Special Marriage Act, 1954. D. Grant such other or further reliefs as this honble court may deem fit in the interest of justice and equity. 2. Petitioner Nos.1 and 2 are at the doors of this Court seeking the aforesaid prayer. On a peculiar circumstance, both the petitioners are said to be the neighbourers. Both of them were born in the year 2003. They have lived together for 22 years. They have stayed together right from schooling to the College. Now the petitioners are wanting to get married. The marriage is said to be stonewalled by the parents or some forces inimical to the petitioners, owing to the fact that they are of - 4 - HC-KAR NC: 2025:KHC-D:16010 WP No. 108612 of 2025 different faith. The issue in the lis is not with regard to the marriage. Rendering Police Protection on the threat perception that the petitioners have entertained due to what they are receiving as threats from the parents or others. Therefore, if the threat perception of these petitioners are in real time to their life and limb and not imaginary and a representation to that effect be given to the jurisdictional police station. 3. Learned AGA undertakes that they would be given adequate protection. Not only them, all the people involved in the intending marriage between the two also be granted protection only on an analysis of threat perception to the life and limb of the petitioners or any other person involved in the incident of marriage. 4. In that light, I deem it appropriate to dispose the petition. 5. With the aforesaid observations, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE Vnp/CT-ASC List No.: 1 Sl No.: 28