- 1 - HC-KAR NC: 2025:KHC:31409 WP No. 18606 of 2025 C/W WP No. 12794 of 2025 WP No. 15031 of 2025 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 18606 OF 2025 (GM-POLICE) C/W WRIT PETITION NO. 12794 OF 2025 (GM-POLICE) WRIT PETITION NO. 15031 OF 2025 (GM-POLICE) WRIT PETITION NO. 17401 OF 2025 (GM-POLICE) WRIT PETITION NO. 18194 OF 2025 (GM-POLICE) IN WP No. 18606/2025 BETWEEN: 1. MEGHARAJ S/O. SHEKARAPPA AGED ABOUT 35 YEARS 2. SHEKARAPPA S/O. SIDDAPPA AGED ABOUT 56 YEARS BOTH R/O. LOKIKERE VILLAGE, DAVANAGERE TALUK AND DISTRICT, DAVANAGERE, KARNATAKA 577 002. …PETITIONERS (BY SRI. KULKARNI SHRINATH.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA HOME DEPARTMENT VIDHANA SOUDHA, BY ITS SECRETARY, BENGALURU, KARNATAKA 560 001. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31409 WP No. 18606 of 2025 C/W WP No. 12794 of 2025 WP No. 15031 of 2025 AND 2 OTHERS 2. DIRECTOR GENERAL AND INSEPCTOR GENERAL OF POLICE BENGALURU POLICE HEAD QUARTERS, NRUPATHUNGA ROAD, BESIDE RBI, NUNEGUNDLAPALLI, AMBEKDAR VEEDHI, BENGALURU, KARNATAKA - 560 001. 3. SUPERINTENDENT OF POLICE DAVANAGERE, RING ROAD, BLOCK C, DEVARAJ URS LAYOUT, DAVANAGERE, KARNATAKA- 577 006. 4. STATION HOUSE OFFICER HADADI POLICE STATION HADADI ROAD IN NITTUVALLI, DAVANGERE, KARNATAKA- 577 004. 5. KARIBASAPPA S/O SANNA NINGAPPA, AGED ABOUT 57 YEARS, R/O. LOKIKERE VILLAGE, DAVANAGERE TALUK AND DISTICT, DAVANAGERE KARNATAKA - 577 002. 6. GUDDAPPA S/O SANNA NINGAPPA, AGED ABOUT 57 YEARS, 7. ARUN KUMAR S/O NAGAPPA, AGED ABOUT 28 YEARS, 8. AVINASH S/O NAGAPPA, AGED ABOUT 28 YEARS, - 3 - HC-KAR NC: 2025:KHC:31409 WP No. 18606 of 2025 C/W WP No. 12794 of 2025 WP No. 15031 of 2025 AND 2 OTHERS 9. HANUMANTHAPPA S/O. SANNA NINGAPPA PRASAD AGED ABOUT 55 YEARS, R/O. LOKIKERE VILLAGE, DAVANAGERE TALUK AND DISTICT, DAVANAGERE KARNATAKA - 577 002 …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA FOR R1 TO R4) THIS WP 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 THE RESPONDENTS 1 TO 4 TO GIVE POLICE PROTECTION TO THE PETITIONER IN IMPLEMENTING THE ORDERS PASSED BY 3RD ADDL. SENIOR CIVIL JUDGE AND CJM COURT DAVANGERE IN OS.NO. 340/2025 DATED 01.03.2025 VIDE ANNEXURE- B IN RESPECT OF THE SCHEDULE PROPERTY MEASURING 03 ACRES SY. NO.171, OF LOKIKERE VILLAGE, OF DAVANAGERE DISTRICT, AS MORE FULLY MENTIONED IN THE SCHEDULE PROPERTY, AS PER CLAUSE 10 THE CIRCULAR CRM-3/105/2018 DATED 14.11.2018 VIDE ANNEXURE-D; 2. DIRECT THE CONTESTING RESPONDENTS TO PAY THE COSTS OF THESE PROCEEDINGS. - 4 - HC-KAR NC: 2025:KHC:31409 WP No. 18606 of 2025 C/W WP No. 12794 of 2025 WP No. 15031 of 2025 AND 2 OTHERS IN WP NO. 12794/2025 BETWEEN: SMT LATHA W/O BASAVARAJ.M.R AGED ABOUT 54 YEARS R/AT NO.4/2, BASAVESHWARA LAYOUT NAGASHETYHALLI, RMV 2ND STAGE SANJAYNAGAR POST, BANGALORE-560094. ...PETITIONER (BY SRI. CHOKKAREDDY.,ADVOCATE) AND: 1. THE SECRETARY DEPARTMENT OF HOME AFFAIRS GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE - 560 001. 2. INSPECTOR GENERAL OF POLICE CENTRAL ZONE CUNNIGHAM ROAD, CHALUKYA CIRCLE BANGALORE - 560 052. 3. SUPERINTENDENT OF POLICE CUNNIGHAM ROAD, CHALUKYA CIRCLE BANGALORE - 560 052. 4. DEPUTY SUPERINTENDENT OF POLICE DODDABALLAPURA CIRCLE DODDABALLAPURA BANGALORE RURAL DISTRICT - 5 - HC-KAR NC: 2025:KHC:31409 WP No. 18606 of 2025 C/W WP No. 12794 of 2025 WP No. 15031 of 2025 AND 2 OTHERS BANGALORE - 561203. 5. POLICE INSPECTOR RAJANUKUNTE POLICE STATION BANGALORE- 560089. ...RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE R-5 TO CONSIDER THE COMPLAINT AS ANNX-A AND B DATED 20.02.2025 AND 17.12.2024 FOR PROVIDING POLICE PROTECTION IN RESPECT OF SY.NO.12/1A MEASURING 2 ACRE 36 GUNTAS OF SEETHAKEMPANAHALLI VILLAGE, HESARAGHATTA HOBLI, YELAHANKA TALUK BY ALLOWING THE WRIT PETITION AS PER THE CIRCULAR ISSUED BY THE R-2 ON 14.11.2018 IN 1.1 AND 1.2 AS ANNX-L IN CRM- 3/105/2018; DIRECTION TO R-5 TO REGISTER THE COMPLAINT AS ANNX-A AND B 20.02.2025 AND 17.12.2024 RESPECTIVELY AS PER THE GUIDELINES OF SUPREME COURT IN LALITHA KUMARI VS STATE OF UTTARA PRADESH 2013(8) SUPREME-1. IN WP NO. 15031/2025 BETWEEN: KSHAMA V BHAT AGED ABOUT 46 YEARS, - 6 - HC-KAR NC: 2025:KHC:31409 WP No. 18606 of 2025 C/W WP No. 12794 of 2025 WP No. 15031 of 2025 AND 2 OTHERS D/O V.M BHAT RESIDING AT NO. 1957, 12TH CROSS, 1 B MAIN, HAMPI NAGAR, VIJAYANAGAR, BENGALURU - 560040. ...PETITIONER (BY SRI. SIDDHARTH SUMAN.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH THE STATION HOUSE OFFICER BYADARAHALLI POLICE STATION, RAMANGARA DISTRICT- 562 159. 2. ASSISTANT COMMISSIONER OF POLICE KENGERI SUB DIVISION JNANABHARATHI POLICE STATION JNANA GANGA NAGAR, BENGALURU-560056. ...RESPONDENTS (BY SMT.K.P. YASHODHA., AGA FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R-1 TO ACT ON THE PETITIONERS COMPLAINTDATED 09.05.2025 (ANNEXURE J) AND TAKE NECESSARY ACTION THEREON SO AS TO ENSURE THAT THE ORDER OF TEMPORARY INJUNCTION PASSED BY THE HONBLE PRL. II CIVIL JUDGE, BENGALURU RURAL, BENGALURU IN O.S. NO. 1263/2012 TITLED KSHAMA V. BHAT VS. BETTA VENKATARAMANA AND ORS. AT ANNEXURE D1 IS DULY - 7 - HC-KAR NC: 2025:KHC:31409 WP No. 18606 of 2025 C/W WP No. 12794 of 2025 WP No. 15031 of 2025 AND 2 OTHERS IMPLEMENTED AND TO ALSO ACCORD NECESSARY POLICE PROTECTION TO THE PETITIONER. IN WP NO. 17401/2025 BETWEEN: RAMESH I.M. LATE MALLAPPA AGED ABOUT 40 YEARS OCC AGRICULTURIST, R/AT INGALARANAHALLI VILLAGE, BIRUR HOBLI-577116 KADUR TALUK, CHIKKAMAGALUR DISTRICT. ...PETITIONER (BY SRI. HANUMANTHAPPA HARAVI.,ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY DEPARTMENT OF HOME AFFAIRS, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560 001. 2. DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF POLICE NRUPATHUNGA ROAD, BENGALURU 560 001. 3. THE SUPERINTENDENT OF POLICE CHIKKAMAGALUR DISTRICT, CHIKKAMAGALUR-577101. 4. THE DEPUTY SUPERINTENDENT OF POLICE, BIRUR 577116 KADUR TALUK, CHIKKAMAGALUR DISTRICT. - 8 - HC-KAR NC: 2025:KHC:31409 WP No. 18606 of 2025 C/W WP No. 12794 of 2025 WP No. 15031 of 2025 AND 2 OTHERS 5. THE POLICE SUB-INSPECTOR BIRUR POLICE STATION- 577116 KADUR TALUK, CHIKKAMAGALUR DISTRICT. 6. THE TAHASILDAR KADUR TALUK, 577116 CHIKKAMAGALURU DISTRICT. ...RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 SHALL CONSIDER THE REPRESENTATION DATED 06.05.2025 VIDE ANNX-E; DIRECT THE R-4 SHALL CONSIDER THE REPRESENTATION DATED 06.05.2025 VIDE ANNX-F WITH IMMEDIATE EFFECT TILL PENDING DISPOSAL OF THE ABOVE WRIT PETITION. IN WP NO. 18194/2025 BETWEEN: SRI. GANGADHARA GOWDA S/O LATE NINGE GOWDA, AGED ABOUT 69 YEARS, RESIDING AT NO. 14 AND 14/1, ANADAGU VILLAGE, DODDASHETTIKERE POST, MAYASANDRA HOBLI, TURUVERKERE TALUK TUMKUR DISTRICT 572 221 - 9 - HC-KAR NC: 2025:KHC:31409 WP No. 18606 of 2025 C/W WP No. 12794 of 2025 WP No. 15031 of 2025 AND 2 OTHERS 2. SMT. DHANALAKSHMAMMA S/O LATE SRI. GANGADHARA GOWDA AGED ABOUT 63 YEARS, RESIDING AT NO. 14 AND 14/1, ANADAGU VILLAGE, DODDASHETTIKERE POST, MAYASANDRA HOBLI, TURUVERKERE TALUK TUMKUR DISTRICT 572 221. ...PETITIONERS (BY SRI. ABHISHEK K.,ADVOCATE) AND: 1. THE SUPERINTENDENT OF POLICE TUMAKURU DISTRICT, TUMKUR 572 101. 2. THE CIRCLE INSPECTOR OF POLICE TURUVEKERE CIRCLE, TUMKUR DISTRICT 572 227. 3. THE SUP INSPECTOR OF POLICE TURUVEKERE POLICE STATION, TUMKUR DISTRICT 572 227. 4. SMT. M M POOJA D/O MANJEGOWDA, W/O SRI. A G PRASANNA, AGED ABOUT 32 YEARS, PRESENTLY RESIDING AT MANCHENAHALLI, HONNENAHALLI POST, - 10 - HC-KAR NC: 2025:KHC:31409 WP No. 18606 of 2025 C/W WP No. 12794 of 2025 WP No. 15031 of 2025 AND 2 OTHERS BELLUR HOBLI, NAGAMANGALA TALUK MANDYA 571 418. ...RESPONDENTS (BY SMT.K.P. YASHODHA., AGA FOR R1 TO R3; VIDE ORDER DATED 02.07.2025 NOTICE TO R4 D/W) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING RESPONDENT NOS. 1 TO 3 TO PROVIDE IMMEDIATE POLICE PROTECTION TO THE PETITIONERS AND TO IMPLEMENT THE DECREE DATED 11.04.2025 PASSED IN O.S. NO. 241/2024 BY THE CIVIL JUDGE AND JMFC, TURUVEKERE VIDE ANNEXURE-A; DIRECT RESPONDENT NOS. 1 TO 3 TO ENSURE THAT RESPONDENT NO. 4 AND HER ASSOCIATES DO NOT INTERFERE WITH THE PETITIONERS PEACEFUL POSSESSION AND ENJOYMENT OF THE SCHEDULE PROPERTY VIDE ANNEXURE-C.9 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 11 - HC-KAR NC: 2025:KHC:31409 WP No. 18606 of 2025 C/W WP No. 12794 of 2025 WP No. 15031 of 2025 AND 2 OTHERS ORAL ORDER The short question that is presented for consideration in this set of petitions is: whether this Court must direct the concerned Police to take action in the light of the injunction order/decree. It is undisputed that the petition in W.P. No.15031/2025 is rendered infructuous because during the pendency of this petition, the concerned has filed application for injunction order before the concerned civil Court which is considered by the civil Court. Further, it is placed on record that no application is filed for implementation of the injunction order either in W.P. No.18606/2025 or W.P. 12794/2025 or W.P. No. 17401/2025. 2. The learned counsels for the petitioners rely upon Clause-10 of the Circular dated 14.11.2018 issued by the Director General and Inspector General of Police, Karnataka, which reads as follows: - 12 - HC-KAR NC: 2025:KHC:31409 WP No. 18606 of 2025 C/W WP No. 12794 of 2025 WP No. 15031 of 2025 AND 2 OTHERS When a person produces orders issued by the court No Station House Officer should insist on specific court direction to give police protection. If the court orders can be implemented, they should be implemented scrupulously. If the court orders cannot be implemented on the ground due to any reason, opinion of the Asst. director of Prosecutions/Dy. Director of Prosecutions/Legal Advisor attached to the office of the Commissioner of Police, should be obtained and according to the opinion, action should be taken. If the order cannot be implemented on the ground due to any reason, a report should be sent to the concerned court for consideration and further orders. 3. This Court is of the considered view that if the civil Court has granted temporary injunction and if there is any reason to complain that the order has not been obeyed or certain implementation is required, the concerned must necessarily move an application before the civil Court which will have to consider all the circumstances before issuing - 13 - HC-KAR NC: 2025:KHC:31409 WP No. 18606 of 2025 C/W WP No. 12794 of 2025 WP No. 15031 of 2025 AND 2 OTHERS direction to the police for ensuring due compliance with the injunction order or for implementation if necessary and unless such application is considered and orders are passed, the petitioners cannot invoke the aforesaid clause. The recourse to the procedure as mentioned in the clause in the afore Circular must be when there is a specific direction or there is difficulty in implementing such direction. 4. Insofar as the petitioners in W.P. No. 18194/2025 it is undisputed that there is a decree for permanent injunction, and in that event the petitioners must necessarily avail remedy under Order XXI of the Code of Civil Procedure, 1908 [CPC]. In the light of the afore, the following: ORDER [a] The petitions in W.P. No. 18606/2025, W.P. No. 12794/2025 and W.P. No. 17401/2025 stand disposed of with liberty to approach the concerned civil Court in the pending civil suits - 14 - HC-KAR NC: 2025:KHC:31409 WP No. 18606 of 2025 C/W WP No. 12794 of 2025 WP No. 15031 of 2025 AND 2 OTHERS for necessary directions to the Police leaving all questions open to be considered in such proceedings. [b] The writ petition in W.P.No. 18194/2025 stands disposed of with liberty to avail recourse under Order XXI of CPC. Sd/- (B M SHYAM PRASAD) JUDGE NV