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2025 DAILYLAW 77982 (KAR)

SRI.UGRAPPA v. THE STATE OF KARNATAKA

WP/5213/2025 · 2025-10-25

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42433 WP No. 5213 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 5213 OF 2025 (GM-RES) BETWEEN: 1. SRI.UGRAPPA S/O LATE NARASIMHAIAH, AGED ABOUT 66 YEARS. 2. SMT. KEMPAMMA, W/O UGRAPPA, AGED ABOUT 56 YEARS, 3. SMT. MANJAMMA D/O UGRAPPA, AGED ABOUT 38 YEARS, 4. SMT. JAYAMMA, W/O LATE MARAPPA, DAUGHTER-IN-LAW OF LATE NARASIMHAIAH, AGED ABOUT 55 YEARS, 5. SMT. LAKSHMIDEVI, D/O LATE MARAPPA, AGED ABOUT 40 YEARS, 6. SRI. NARASIMHAMURTHY, S/O LATE MARAPPA, AGED ABOUT 37 YEARS, 7. SMT. VEENA D/O MARAPPA, AGED ABOUT 29 YEARS, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42433 WP No. 5213 of 2025 8. SMT. ASHA, D/O MARAPPA, AGED ABOUT 27 YEARS, 9. SMT. VENKATAMMA, W/O LATE DASAPPA, DAUGHTER-IN-LAW OF LATE NARASIMHAIAH, AGED ABOUT 58 YEARS 10. SMT. ROOPA, D/O DASAPPA, AGED ABOUT 33 YEARS, 11. SMT. SHILPA D/O DASAPPA, AGED ABOUT 30 YEARS, 12. SMT. SUMITHRA, D/O DASAPPA, AGED ABOUT 28 YEARS ALL THE APPELLANTS ARE RESIDING AT SEETHAKEMPANAHALLI VILLAGE, KAKOLU POST, HESARAGHATTA HOBLI, YELAHANKA TALUK, BENGALURU URBAN DISTRICT- 560 089. …PETITIONERS (BY SRI. ANJANEYA A B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY, VIDHANA SOUDHA, AMBEDKAR VEEDI, BENGALURU- 560001 2. THE DEPUTY COMMISSIONER OF BENGALURU URBAN DISTRICT KEMPEGOWDA ROAD, BEHIND KANDAYA BHAVANA, - 3 - HC-KAR NC: 2025:KHC:42433 WP No. 5213 of 2025 BENGALURU URBAN DISTRICT- 560009 3. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION, KANDAYA BHAVANA, BENGALURU-560009 4. THE TAHSILDAR, YELAHANKA TALUK, NES, AT YELAHANKA, BENGALURU URBAN DISTRICT- 560089 5. THE DEPUTY SUPERINTENDENT OF POLICE, DODDABALLAPURA, TOWN POLICE STATION COMPLEX, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT- 561203 6. THE STATE BY RAJANUKUNTE POLICE, RAJANUKUNTE, YELAHANKA TALUK, BENGALURU DISTRICT- 560 064. REP BY SPP, HIGH COURT OF KARNATAKA BANGALORE -560 001. 7. SRI. MUNIYAPPA S/O LATE NARASIMHAIAH, AGED ABOUT 68 YEARS. 8. SRI. MANUGOWDA. C, S/O CHANNEGOWDA, AGED ABOUT 37 YEARS THE RESPONDENT NO.7 AND 8 ARE R/AT SEETHAKEMPANAHALLI VILLAGE, KAKOLU POST, HESARAGHATTA HOBLI, YELAHANKA TALUK, BENGALURU URBAN DISTRICT- 560 089 9. SRI. M.V. JANARDHANA REDDY, S/O M.N. VENKATARAMA REDDY, AGED ABOUT 36 YEARS, R/AT 180/1, CHALUKYA SAI RESIDENCY, - 4 - HC-KAR NC: 2025:KHC:42433 WP No. 5213 of 2025 TELECOM LAYOUT, VIDYARANYAPURA POST, BENGALURU- 560 097 10. SMT. YASHODHA. R, W/O RAMESH V.T., AGED ABOUT 58 YEARS, 11. SRI. RAMESH V.T., HUSBAND OF YASHODHA. R, AGED ABOUT 60 YEARS, THE RESPONDENT NO.10 AND 11 ARE R/AT ADDE VISHWANATHPURA VILLAGE, HESARAGHATTA HOBLI, YELAHANKA TALUK, BENGALURU DISTRICT- 560089 12. SRI. KAVERAPPA, S/O NOT KNOWN AGED ABOUT 49 YEARS, R/AT ATTURU LAYOUT, YELAHANKA NEW TOWN, BENGALURU - 560 064 …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1 TO R4 AND R6; NOTICE NOT ORDERED IN RESPECT OF R5, R7 TO R12) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND RESPONDENT AUTHORITY TO TAKE THE NECESSARY ACTION AGAINST RESPONDENT NO.3 TO 6 UNDER SECTION 4 OF SC/ST ACT FOR FAILURE TO DISCHARGE THEIR DUTIES AND FAILURE TO ENFORCE THE RIGHTS OF PETITIONERS UNDER SECTION 15 (A) OF SC/ST ACT WHO ARE VICTIMS IN THE HANDS OF RESPONDENT NO.8 TO 12 AND DIRECT TO INITIATE CRIMINAL PROSECUTION AGAINST RESPONDENT NO.8 TO 12 AS PER THE COMPLAINT DATED 03/01/2025 VIDE ANNEXURE-T FOR THE OFFENCES COMMITTED AND PUNISHABLE UNDER SECTION 3(f), (g), (q), 3(2) (v) AND (va) OF SC/ST ACT, ETC. - 5 - HC-KAR NC: 2025:KHC:42433 WP No. 5213 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioners are before this Court seeking for the following reliefs: "A) Issue a writ of mandamus by directing the 2nd respondent authority to take the necessary action against respondent No.3 to 6 under Section 4 of SC/ST Act for failure to discharge their duties and failure to enforce the rights of petitioners under Section 15 (A) of SC/ST Act who are victims in the hands of respondent No.8 to 12 and direct to initiate criminal prosecution against respondent No.8 to 12 as per the complaint dated 03/01/2025 vide Annexure-T for the offences committed and punishable under Section 3(f), (g), (q), 3(2) (v) and (va) of SC/ST Act. B) Consequently, direct the respondent No.1 and 2 to take preventive action against respondent No.8 to 12 by way of prohibiting, and remove them from the area who are frequently causing atrocities against the petitioners and others SC/ST community peoples in order to avoid threatening to the lives, family members and properties of petitioners and to keep the peace, good behavior, maintenance of public oder and tranquility in respect of Sy.No.10/(258) measuring 2 acres situated at - 6 - HC-KAR NC: 2025:KHC:42433 WP No. 5213 of 2025 Seethakempanahalli village, Hesaraghatta Hobli, Yelahanka Taluk. C) Pass such other order or direction as deemed for to be granted by this Hon'ble Court in the above said facts and circumstances of the case." 2. The grievance of the petitioners is that the complaint which had been filed by them on 03.01.2025 at Annexure T has not been considered by the respondents and necessary action taken in relation thereto. 3. Whenever any complaint is submitted, it would be required for the respondents to take necessary action in relation thereto and issue necessary endorsement. Nothing having been done, I passed the following: ORDER (i) Writ Petition is allowed; (ii) A mandamus is issued directing the respondent No.2 to take necessary action on the complaint dated 03.01.2025 at Annexure T and - 7 - HC-KAR NC: 2025:KHC:42433 WP No. 5213 of 2025 to pass necessary orders thereon, within a period of thirty days from the date of receipt of a copy of this order. SD/- (SURAJ GOVINDARAJ) JUDGE BMV* List No.: 1 Sl No.: 43