- 1 - HC-KAR NC: 2025:KHC:30929 WP No. 23258 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 23258 OF 2025 (GM-POLICE) BETWEEN: SRI AJEETH S/O A P GIRIVASAN AGED ABOUT 48 YEARS, R/AT NO.100, RAMESH NIVAS 12TH CROSS, RAMAMURTHY NAGAR, BENGALURU-560016. PRESENTLY R/AT A-412 4TH FLOOR, V CLASSIC APARTMENT, RAMMURTHY NAGAR MAIN ROAD, BENGALURU-560016. …PETITIONER (BY SRI. ARUNA SHYAM, SENIOR ADVOCATE FOR SRI. PRASHANTH G.,ADVOCATE) AND: 1. THE INSPECTOR OF POLICE BYAPPANAHALLI POLICE STATION BENGALURU CITY BENGALURU-33. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30929 WP No. 23258 of 2025 2. MR SHIVA KUMAR GOWDA THE INSPECTOR OF POLICE BYAPPANAHALLI POLICE STATION BENGALURU CITY BENGALURU-33. …RESPONDENTS (BY SRI.PRADEEP C S., AAG A/W SMT. K.P. YASHODA, AGA FOR R1; VIDE ORDER DATED 05.08.2025 NOTICE TO R2 IS D/W) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOT TO INTERFERE WITH THE LIFE AND LIBERTY OF THE PETITIONER AND IN THE DISCHARGE OF PETITIONERS PROFESSIONAL DUTIES EXCEPT FOLLOWING DUE PROCESS OF LAW; DIRECT THE R-2 TO PRODUCE HIS OFFICIAL PHONE BEARING MOBILE NUMBER 91-9480801227 BEFORE THE LEARNED MAGISTRATE IN ORDER TO PREVENT ANY HAMPERING OF EVIDENCE BY THE R-2. THIS PETITION, COMING ON FOR FRESH MATTER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:30929 WP No. 23258 of 2025 ORAL ORDER The petitioner has enrolled with the Karnataka Bar Council, and he seeks directions to the respondents not to interfere with his liberties and in discharge of his professional duties as an Advocate. The petitioner has also sought some other reliefs, but essentially the relief is as mentioned above. The petitioner has applied for anticipatory bail for an accused and also in a writ petition, and he asserts that he is being humiliated with a search of his premises. The second respondent is arrayed in his personal capacity alleging that he is vindictive, but admittedly, this respondent is no longer in charge of the investigation as it is now made over to CID on 24.07.2025 This Court on 05.08.2025 has directed that there shall be no precipitation in executing the search warrant secured against the petitioner and has called upon Mrs. K.P. Yashodha, the learned - 4 - HC-KAR NC: 2025:KHC:30929 WP No. 23258 of 2025 Additional Government Advocate, to secure instructions. The second respondent was present on 07.08.2025. This Court, upon hearing Sri.C.S.Pradeep, a learned Additional Advocate General, has reserved liberty to the second respondent to file an affidavit. This Court’s order in this regard reads as hereunder: The Court's concern in the matters of this kind must be to verify whether any member of the Bar, who by the very nature of the profession is required to espouse causes to uphold the principle such as that no person is condemned unheard, is brought under duress without diligence. It is stated on behalf of this Station House Officer that there is no deliberateness in securing the search warrant to bring the petitioner under duress, but that must be stated in writing for this Court to accept and pass just orders. In terms of such liberty, the second respondent has filed his affidavit. - 5 - HC-KAR NC: 2025:KHC:30929 WP No. 23258 of 2025 This Court must opine that the second respondent has stated the circumstances leading to a report for a search warrant stating, amongst others, that he came to know that the petitioner was a practicing Advocate only after the report is filed with the learned Magistrate. This Court, with the second respondent being categorical that the omission, even if any, was not intentional and only because of lack of information about the petitioner's vocation/ profession, is inclined to accept the explanation and close the petition, but with the observation that the present proceedings and the closure shall not in any manner prejudice the ongoing investigation. The petition stands disposed of accordingly SD/- (B M SHYAM PRASAD) JUDGE SA ct:sr