- 1 - HC-KAR NC: 2025:KHC:50403 WP No. 27854 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 27854 OF 2025 (GM-POLICE) BETWEEN: ASSHAR AHAMED ABOOBACKER AGED ABOUT 34 YEARS, S/O LATE M.B. ABOOBACKER, NO. AL-ARFA 8-45/1, KATLA KAAN ROAD IDDYA, SURATHKAL POST, MANGALORE, DAKSHINA KANNADA- 575 014 …PETITIONER (BY SRI. ASHA K, ADVOCATE) AND: 1. THE SECRETARY TO THE GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU - 560001. 2. THE DEPUTY COMMISSIONER OF POLICE, BENGALURU CITY- WEST DIVISION, BENGALURU - 560004. 3. THE INSPECTOR OF POLICE, BYATARAYANAPURA POLICE STATION, BENGALURU - 560026. …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50403 WP No. 27854 of 2025 DIRECTING THE RESPONDENTS NOT TO HARASS THE PETITIONER IN ANY MANNER IN CONNECTION WITH CRIME NO. 187/2025 VIDE ANNX-ADIRECT THE RESPONDENTS TO IMMEDIATELY RETURN THE PETITIONERS MOBILE PHONE ILLEGALLY TAKEN AWAY DIRECT A SENIOR POLICE OFFICER NOT BELOW THE RANK OF ACP/DCP TO INQUIRE INTO THE CONDUCT OF THE POLICE OFFICIALS OF BYATARAYANAPURA POLICE STATION ON 02.09.2025 AND TAKE DEPARTMENTAL ACTION THIS PETITION, COMING ON FOR FINAL 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 appropriate writ, order or direction directing the respondents not to harass the petitioner in any manner in connection with Crime No.187/2025 vide Annexure-A; b. Direct the respondents to immediately return the petitioner's mobile phone illegally taken away. c. Direct a senior police officer not below the rank of ACP/DCP to inquire into the conduct of the police officials of Byatarayanapura Police Station on 02.09.2025 and take departmental action. d. To pass such other order(s) as deemed fit in the interest of justice and equity." - 3 - HC-KAR NC: 2025:KHC:50403 WP No. 27854 of 2025 2. Though without a warrant, the respondent police have seized the mobile phone of the petitioner by conducting a mahazar and produced it before the Court seized of in Crime No.187/2025. 3. Learned counsel for the petitioner submitted that an application for return of the mobile phone has been made in the said proceedings and order has been passed. 4. Learned AGA submitted that if the order copy is furnished to them, the mobile phone would be immediately returned back to the petitioner. 5. The respondent police could be well-advised to refer to the decision of this Court in the case of Virendra Khanna Vs. State of Karnataka1 and not to seize mobile phones without a warrant being issued in 1 reported in AIRONLINE 2021 KAR 525 - 4 - HC-KAR NC: 2025:KHC:50403 WP No. 27854 of 2025 respect thereto, as categorically directed in that matter. 6. The first respondent as also the Director General of Police, State of Karnataka has directed to forward a copy of such judgment both in English and in a translated version in Kannada to all the concerned Investigating officers and to file a compliance affidavit within 4 weeks from today. 7. Though the above petition is disposed of, for considering compliance affidavit, re-list on 28.01.2026. SD/- (SURAJ GOVINDARAJ) JUDGE SSD List No.: 1 Sl No.: 78