- 1 - HC-KAR NC: 2025:KHC:31883 WP No. 14847 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 14847 OF 2025 (GM-POLICE) BETWEEN: MS. SHIVAMMA M AGED ABOUT 60 YEARS, D/O LATE T.MANCHAIAH, R/AT 3848, 1ST CROSS, SRIRAMPURA, NANJANGUD, MYSURU-571301. …PETITIONER (BY SRI. ASHOK KUMAR N., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY CHIEF SCRETARY, ROOM NO.320, 3RD FLOOR, VIDHANASOUDHA, BENGALURU-01. 2. DIRECTOR-GENERAL AND INSPECTOR GENERAL OF POLICE, KARNATAKA STATE POLICE HEADQUARTERS, NO.2, NRUPATHUNGA ROAD, BENGALURU - 560-001. 3. COMMISSIONER FOR PERSONS WITH DISABILITY ACT, NO 55, 2ND FLOOR ABHAYA SANKEERNA, KARNATAKA SLUM DEVELOPMENT BOARD Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31883 WP No. 14847 of 2025 BUILDING, RISALDAR STREET SHESHADRIPURAM, BENGALURU 560020. 4. SUPERINTENDENT OF POLICE, HYDER ALI ROAD, KITTUR RANI CHENNAMMA CIRCLE, JALAPURI, MYSORE - 570019. 5. INCHARGE OFFICER NANJANGUD TOWN POLICE STATION, POLICE DEPARTMETN, NANJANGUD, MYSURU 571301. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) THIS W.P. IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA 1950 PRAYING TO HENCE THE PETITIONER REQUEST THIS HONBLE HIGH COURT TO PLEASE TO PASS THE FOLLOWING ORDER FOR THE EXPEDITIOUS REDRESSAL OF HER PROBLEM WHICH AS AGGRAVATED BECAUSE OF ABDICATION OF THE DUTY BY ALL THE RESPONDENT PARTIES TOWARDS THE PETITIONER; DIRECT THE RESPONDENT PARTY NO. 5 TO FILE FIR AGAINST THE ACCUSED UNDER SECTION 74 OF BNS(SECTION 354 OF IPC), SECTION 75 OF BNS(SECTION 354-A OF IPC), SECTION 351 OF BNS(SECTION 503, 506, 507 OF IPC), SECTION 79 OF BNS(SECTION 509 OF IPC), SECTION 356 OF BNS(SECTION 499, 500 OF IPC), SECTION 133 OF BNS(SECTION 355 OF IPC), READ WITH SECTION 92 - 3 - HC-KAR NC: 2025:KHC:31883 WP No. 14847 of 2025 OF RIGHTS OF THE PERSONS WITH DISABILITIES ACT 2016 AND TAKE THE SEVERE PROPER LEGAL ACTIONS EXPEDITIOUSLY. (NOTE THE SECTIONS 74 AND 75 OF BNS ARE COGNIZABLE AND NON-BAILABLE OFFENCE AND 79 OF BNS IS A COGNIZABLE OFFENCE); DIRECT ALL THE RESPONDENT PARTIES TO PROVIDE PROTECTION FROM THE ACCUSED AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is a person with certain disability, and she has filed this petition for direction to the fifth respondent to register a First Information Report [FIR] against certain persons under different provisions of Indian Penal Code and Bharatiya Nyaya Sanhita read with Section 92 of the Rights of the persons with disabilities Act, 2016 [for short, the Act] while also seeking certain directions to the authorities to sensitize the respondents about the - 4 - HC-KAR NC: 2025:KHC:31883 WP No. 14847 of 2025 rights of the persons whose rights are secured under the Act. 2. This Court on 24.07.2025 has directed the fifth respondent to consider the petitioner’s complaint and revert with necessary instructions through the learned Additional Government Advocate. This Court has also observed that if the materials show that a cognizable offence is committed, the Police must act with no delay. In the light of this Court's afore order, Ms. K.P. Yashodha, the learned Additional Government Advocate, is permitted to place on record copies of the statements recorded by the Police Sub- Inspector, Nanjangud Town Police and the statement recorded after this Court's order. 3. It is seen from these that in redressal of the petitioner's grievance of being called out because of her physical condition, the Station House Officer has recorded the statements of the neighbours who - 5 - HC-KAR NC: 2025:KHC:31883 WP No. 14847 of 2025 have stated that the words were exchanged between the petitioner and these neighbours about the construction of a compound wall in the respective properties, but it is not an abuse of the petitioner’s rights. It is also seen from the statements recorded that the neighbours have stated that if there is any cause for a dispute about the construction of the compound wall, they will work out remedies in an appropriately instituted civil suit while assuring that there would be no reason for any complaints by the petitioner. 4. Ms. K.P. Yashodha seeks for disposal of the writ petition in the light of this turn of events. However, Sri Ashok Kumar N, the learned counsel for the petitioner, submits that this Court must issue directions in the light of the provisions of Section 7 of the Act, and the learned counsel emphasizes that this Court must direct the Station House Officer to register a FIR against the neighbours. The learned - 6 - HC-KAR NC: 2025:KHC:31883 WP No. 14847 of 2025 counsel places on record a decision of this Court dated 16.02.2023 in W.P. No.100082/2023 contending that this Court must issue directions for registration of the FIR. 5. The petitioner's continued grievance notwithstanding the endorsement and the statements aforesaid is examined in the light of the provisions of Section 7 of the Act. This Court must observe that if there is a denial of the petitioner being subjected to any abuse because of her abilities and there is some exchange of words over the construction of a compound wall between the properties owned by the petitioner and with the neighbours assuring that there would be no occasion for the complaint, this Court is of the view that further directions will not be necessary. This Court must also hasten to add that if indeed the petitioner has any occasion in the future, she must be at liberty to approach the Executive Magistrate and the jurisdictional Police who must - 7 - HC-KAR NC: 2025:KHC:31883 WP No. 14847 of 2025 necessarily act in terms of the procedure that is contemplated. As such, subject to all just exceptions, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE NV