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2025 DAILYLAW 82283 (KAR)

SRI YALLESH C v. THE STATE OF KARNATAKA

WP/32221/2025 · 2025-10-27

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42705 WP No. 32221 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 32221 OF 2025 (GM-POLICE) BETWEEN: 1. SRI YALLESH C S/O CHIKKA HANUMANTHAPPA AGED ABOUT 48 YEARS WORKING AS REGIONAL COLLECTION MANAGER VASTU HOUSING FINANCE CORPORATION LTD REGISTERED BRANCH OFFICE AT. 3RD FLOOR, NO. 39/2, SANTOSHIMA ENCLAVE, 'A' BLOCK, T. DASARAHALLI, 8TH MILE, TUMKUR ROAD, BENGALURU - 560057 R/AT. NO. 152, 1ST CROSS, 4TH MAIN, NEAR 15 F BUS STOP, KUMARASWAMY LAYOUT, BENGALURU SOUTH, J. P. NAGAR, BENGALURU – 560078 2. SRI. NAGARJUNA M. R. S/O RAMACHANDRA M. N. AGED ABOUT 35 YEARS WORKING AS AREA COLLECTION MANAGER VASTU HOUSING FINANCE CORPORATION LTD. REGISTERED BRANCH OFFICE AT. 3RD FLOOR, NO. 39/2, SANTOSHIMA ENCLAVE, 'A' BLOCK, T. DASARAHALLI, 8TH MILE, TUMKUR ROAD, BENGALURU - 560057 R/AT. NO 9, SRI NIDHI, NEAR RAJANANDINI HOSPITAL, CHUNCHAGHATTA, BENGALURU SOUTH, KONANAKUNTE, BENGALURU 560062 …PETITIONERS (BY SRI. MAHESHKIRAN SHETTY S.,ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42705 WP No. 32221 of 2025 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOME AFFAIRS VIDHANA SOUDHA, BENGALURU - 560001 REPRESENTED BY PRINCIPAL SECRETARY 2. THE DIRECTOR GENERAL OF POLICE NRUPATHUNGA ROAD, NUNEGUNDLAPALLI, AMBEDKAR VEEDHI, BENGALURU 560001 3. THE SUPERINTENDENT OF POLICE HASSAN, HASSAN DISTRICT – 573201 4. THE DEPUTY SUPERINTENDENT OF POLICE SAKALESHPUR SUB-DIVISION, HASSAN DISTRICT – 573134 5. THE STATION HOUSE OFFICER/INSPECTOR SAKALESHPURA RURAL POLICE STATION, HASSAN DISTRICT – 577501 6. SRI. MALLESHA S/O PUTTAIAH AGED ABOUT 52 YEARS R/AT. SHIDIGALALE VILLAGE, SAKALESHPURA TALUK, HASSAN 573114. …RESPONDENTS (BY SRI. SIDDARTH BABURAO., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT DIRECTING THE R5 POLICE TO FOLLOW THE MANDATORY PROVISIONS OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 WHILE INVESTIGATING THE CASE IN CRIME NO. 194/2025 REGISTERED BY SAKALESHPURA RURAL POLICE PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC COURT, SAKALESHPURA AT ANNX-D - 3 - HC-KAR NC: 2025:KHC:42705 WP No. 32221 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. Learned AGA accepts notice for respondents No.1 to 5. 2. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ in the nature of Mandamus or any other appropriate writ directing the R5 Police to follow the mandatory provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 while investigating the case in Crime No.194/2025 registered by Sakaleshpura Rural Police pending on the file of the Principal Civil Judge and JMFC Court, Sakaleshpura; at Annexure-D b. Issue a writ in the nature of Mandamus or any other appropriate writ directing the Respondent No.1 to 5 to investigate the death of the deceased Puttalakshmi in the hospital. c. Issue a writ in the nature of mandamus or any other appropriate writ directing the Respondents No.1 to 4 to take appropriate action against the R5 for exceeding jurisdiction and committing illegality in the matter of arrest of the officials of Vastu Housing Finance Corportion Ltd. and also for trying to illegality arrest the petitioners in Crime No. 194/2025 registered by Sakaleshpura Rural Police pending on the file of the Principal Civil Judge and JMFC Court, Sakaleshpura; d. Issue a writ in the nature of Mandamus or any other appropriate writ directing the R5-Police not to - 4 - HC-KAR NC: 2025:KHC:42705 WP No. 32221 of 2025 arrest the petitioners herein without following the due processes as mandated in the Bharatiya Nagarik Suraksha Sanhita, 2023; e. Issue such other reliefs as this Hon’ble Court deems fit to grant in favour of the petitioners by this Hon’ble Court in view of the facts and circumstances of the cases, in the interest of justice and equity. 3. Learned AGA submits that due process and procedure under The Bharatiya Nagarik Suraksha Sanhita, 2023 [‘BNSS’ for short] would be followed before any steps are taken. His submission answers the grievance of the petitioner. 4. Placing the submission of learned AGA on record, the petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 3 Sl No.: 1