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2025 DAILYLAW 8641 (KAR)

BASAVARAJ S/O MAHANTAPPA GODI v. HOME SECRETARY

WP/104387/2021 · 2025-04-24

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:6798 WP No. 104387 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 104387 OF 2021 (GM-POLICE) BETWEEN: BASAVARAJ S/O MAHANTAPPA GODI, AGE: ABOUT 50 YEARS, OCC: TEACHER, GOVERNMENT URDU BOYS SCHOOL, YADAHALLI-587 117, TQ: BILAGI, DIST: BAGALKOT. … PETITIONER (BY SRI. HOLAGUNDI DEVARAJ, ADVOCATE FOR SRI. M.M. PATIL, ADVOCATE) AND: 1. HOME SECRETARY, GOVT. OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560 001. 2. INSPECTOR GENERAL OF POLICE, NORTHERN REGION, BELAGAVI-590 001. 3. SUPERINTENDED OF POLICE, BAGALKOT DISTRICT, NAVANAGAR, BAGALKOT-587 210. 4. POLICE SUB-INSPECTOR, BADAMI POLICE STATION, BADAMI-587 201, TQ: BADAMI, DIST: BAGALKOT. 5. NAGAPPA @ NAGESH WALIKAR, AGE: ABOUT 46 YEARS, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6798 WP No. 104387 of 2021 OCC: ASI HUNAGUND POLICE STATION, HUNAGUND-587 118, DIST: BAGALKOT. … RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA FOR R1-R4; SRI. AVINASH M. ANGADI, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Holagundi Devaraj., counsel on behalf of Sri.M.M.Patil., for the petitioner and Sri.Praveen K.Uppar., AGA for respondents 1 to 4 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing respondents 1, 2 and 3 to consider the Complaint and hold an inquiry and take appropriate action against the erring police and pay the compensation for Putting the Handcuffs to the petitioner and recover from the erring police. 3. AGA submits that a memo has been filed stating that the petitioner was arrested in Crime No.8/2018. Thereafter, he was produced before the Magistrate. Before the - 3 - NC: 2025:KHC-D:6798 WP No. 104387 of 2021 Magistrate, the petitioner stated that the police officials have not ill-treated him. AGA therefore, submits the memo may be placed on record and an appropriate order may be passed. The oral submission made by AGA and the memo is placed on record. 4. Suffice it to note that the petitioner was arrested in Crime No.8/2018. Thereafter, he was produced before the Magistrate. Before the Magistrate, the petitioner stated that the police officials have not ill-treated him. Thereafter, he makes allegations against the police officials that they have ill-treated him. This contention cannot be accepted. Because of the simple reason is that when he was produced before the Magistrate, he admits that there was no ill-treatment by the police officials. If that be so, the petitioner cannot make any compliant against the police officials. The Writ petition is devoid of merits and it is rejected. Sd/- (JYOTI MULIMANI) JUDGE MRP,RH LIST NO.: 1 SL NO.: 41