- 1 - HC-KAR NC: 2025:KHC:47701 WP No. 18629 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 18629 OF 2024 (GM-POLICE) BETWEEN: SRI. Y. VENKATESH S/O LATE YALAKKAIAH AGED ABOUT 73 YEARS R/AT KAMBALAPURA VILLAGE AND POST HEBBUR HOBLI, TUMAKURU TALUK. …PETITIONER (BY SRI. SUNDARESH .H.C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA RPT BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, VIKASA SOUDHA BENGALURU-560 001. 2. THE DIRECTOR GENERAL OF POLICE GOVERNMENT OF KARNATAKA HEAD OFFICE, NRUPATUNGA ROAD BENGALURU-560 001. 3. THE DEPUTY COMMISSIONER AND DISTRICT POLICE COMPLAINT AUTHORITY OFFICE OF THE DEPUTY COMMISSIONER TUMAKURU DISTRICT, TUMAKURU-572 101. 4. THE MEMBER SECRETARY TUMAKURU DISTRICT POLICE COMPLAINT AUTHORITY AND SUPERINTENDANT OF POLICE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47701 WP No. 18629 of 2024 TUMAKURU DISTRICT TUMAKURU-572 101. 5. BYREGOWDA AGED MAJOR POLICE SUB-INSPECTOR HEBBUR POLICE STATION TUMAKURU DISTRICT, TUMAKURU-572 101. 6. RAJANNA AGED MAJOR ASSISTANT SUB-INSPECTOR HEBBUR POLICE STATION TUMAKURU DISTRICT TUMAKURU-572101. …RESPONDENTS (BY SMT. K.P. YASHODHA, AGA FOR R1 TO R4; R5 AND R6 - SERVED AND UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-3 AND 4 TO CONSIDER THE COMPLAINT FILED BY THE PETITIONER BEFORE LOKAYUKTHA DATED 05.01.2024 AS PER ANNEXURE-D AND D1 RESPECTIVELY AND SAME WAS TRANSFERRED TO DEPUTY COMMISSIONER AND DISTRICT POLICE COMPLAINT AUTHORITY, TUMAKURU AS PER THE LETTER ADDRESSED BY THE LOKAYUKTHA DATED 18.01.2024 AS PER ANNEXURE-G AND ALSO AS PER THE LETTER DATED 05.02.2024 ADDRESSED BY DEPUTY COMMISSIONER, TUMAKURU DISTRICT TO THE MEMBER SECRETARY, TUMAKURU DISTRICT POLICE COMPLAINT AUTHORITY AND SUPERINTENDENT OF POLICE TUMAKURU AS PER ANNEXURE-H AND TO PUNISH R-5 AND 6 FOR MISUSING THE POWER AND COMMUNICATE SAME TO THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:47701 WP No. 18629 of 2024 ORAL ORDER 1. The petitioner is before this Court seeking the following reliefs: "WHEREFORE, the petitioner most respectfully pray's that this Hon'ble Court may be pleased to: a) Issue writ in the nature of Mandamus directing the respondent No.3 & 4 to consider the complaint filed by the petitioner before Lokayuktha dated: 05-01- 2024 as per ANNEXURE D & D1 respectively and same was transferred to Deputy Commissioner and District Police Complaint Authority, Tumakuru as per the letter addressed by the Lokayuktha dated: 18-01- 2024 as per ANNEXURE-G and also as per the letter dated: 05-02-2024 addressed by Deputy Commissioner, Tumakuru District to the Member Secretary, Tumakuru District Police Complaint Authority and Superintendant of Police Tumakuru as per ANNEXURE-H and to punish respondent No.5 & 6 for misusing the power and communicate same to the petitioner. b) Pass such other order or direction as this Hon'ble Court deems fit on the fact and circumstances of the case in the interest of justice and equity". 2. The petitioner has made a complaint against respondent Nos.5 and 6 who are Police Officers, before the Hon'ble Lokayuktha, State of Karnataka. The Hon'ble Lokayuktha was of the opinion that the said office cannot consider the said complaint and directed the petitioner to approach the Deputy - 4 - HC-KAR NC: 2025:KHC:47701 WP No. 18629 of 2024 Commissioner, Tumkur District, who is also Member Secretary of the Tumkur District Police Complaint Authority. 3. The petitioner having submitted a complaint before the said respondent No.4, the same has not been considered by respondent No.4 and it is in this background the petitioner is before this Court seeking for the appropriate reliefs. 4. A complaint having been submitted by the petitioner against Police Officers to the complaint authority, it is but required for the Complaint Authority to consider the complaint and pass necessary orders on the same either accepting or rejecting the complaint made. 5. Needless to say, if an order of rejection is passed, reasons would have to follow such an order. The complaint filed cannot be kept under suspended animation requiring the petitioner to approach this Court. 6. In that view of the matter, I pass the following: - 5 - HC-KAR NC: 2025:KHC:47701 WP No. 18629 of 2024 ORDER (i) Petition is allowed. (ii) Mandamus is issued directing respondent Nos. 3 and 4 to consider the complaint filed by the petitioner and pass necessary orders in accordance with law within a period of 30 days from the date of receipt of a copy of this order. (iii) Needless to say, if there is any hearing to be provided to respondent Nos. 5 and 6, respondent Nos. 3 and 4 shall provide such hearing to respondent Nos. 5 and 6 before passing any order. (iv) IA No. 1/2025 does not survive for consideration. Hence, disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE tsn* List No.: 1 Sl No.: 48