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2025 DAILYLAW 86469 (KAR)

NAVYASHREE R RAO v. SRI BHARATH

WP/8755/2025 · 2025-08-01

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29773 WP No. 8755 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 8755 OF 2025 (GM-RES) BETWEEN: NAVYASHREE R RAO AGE 28 YEARS D/O RAMACHANDRA RAO NO. 7. SHIVAPRASADA NILAYA, 1ST FLOOR, 3RD CROSS, MANJUNATHANAGAR, CHANNEL ROAD, CHANNAPATNA-562160 RAMANAGARA DISTRICT. KARNATAKA …PETITIONER (BY SRI. NAVYASHREE.R.RAO, (PARTY-IN-PERSON) AND: 1. SRI BHARATH INSPECTOR HIGH GROUNDS POLICE STATION MILLERS ROAD, VASANTHANAGAR, BANGALORE – 560 052. 2. SRI SATYANAYAK ASSISTANT COMMISSIONER OF POLICE MARKET DIVISION BELGAUM POLICE QUARTERS, SHIVAJINAGAR, BELAGAVI – 590 016. 3. SRI PRAKASH REDDY ASSISTANT COMMISSIONER OF POLICE SADASHIVANAGAR DIVISION NEW BEL ROAD, SADASHIVANAGAR BANGALORE – 560 080. 4. SRI SHEKAR TAKKANNAVAR DEPUTY COMMISSIONER OF POLICE CENTRAL DIVISION, KASTURBA ROAD, NEAR YES BANK, SHANTHALANAGAR, BANGALORE – 560 001. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29773 WP No. 8755 of 2025 5. SRI DAYANAND COMMISSIONER OF POLICE NO. 2, ALI ASKER ROAD, VASANTHNAGAR BANGALORE- 560 001. 6. SRI EDDA MARTIN COMMISSIONER OF POLICE BELAGAVI CITY, SHIVAJINAGAR, BELAGAVI- 590 016. 7. SRI R. HITENDRA ADDITIONAL DIRECTOR GENERAL OF POLICE (ADGP) LAW AND ORDER 1ST FLOOR, NRUPATHUNGA ROAD, POLICE HEAD QUARTER BANGALORE – 560 001. 8. SRI ALOK MOHAN DIRECTOR GENERAL OF POLICE NRUPATHUNGA ROAD, POLICE HEAD QUARTERS, BANGALORE 560 001. 9. DIRECTOR GENRAL OF POLICE CRIMINAL INVESTIGATION DEPARTMENT 1, KARLTON HGOUSE, DR. A KRISHNA RAO ROAD PALACE ROAD, BENGALURU – 560 001. 10. THE DIRECTOR CENTRAL BUREAU OF INVETIGATION OFFICE OF HEAR OF BRANCH, 36, BELLARY ROAD KGH LAYOUT, GANGANGAR, BENGALURU – 560 032. 11. THE STATE OF KARATATAKA …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1 TO R-9 & R-11 SRI. P. PRASANNA KUMAR, ADVOCATE FOR R-10) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTIO OF INDIA PRAYING TO ISSUE THE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT AND IMMEDIATELY TO PERFORM AND ORDER FOR BUILDING A NEW SIT TEAM OR CID OR HANDOVER CASE CBI TO INVESTIGATE THIS CASE IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:29773 WP No. 8755 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: “a) Issue the writ of mandamus or any other appropriate writ to Respondent No.8 immediately to perform and order for building a new SIT Team or CID or handover case CBI to investigate this case in the interest of justice. b) Issue the writ of mandamus or any other appropriate writ to Respondent No.1 & Respondent No.2 immediately to file the additional and properly investigated evidential charge sheet within time span of Two weeks. c) Any other relief, order or direction this court may deem fit and proper under the fact and circumstances of this case. AND FOR THIS ACT OF KINDNESS THE PETITIONER AS DUTY BOUND SHALL EVERY PRAY. 2. Heard learned counsel for the petitioner, learned HCGP for respondent Nos.1 to 9 and 11 and learned counsel for respondent No.10 and perused the material on record. 3. Learned counsel for respondent Nos.1 to 9 and 11 submits that the charge sheet filed against the accused persons arising out of Crime No.108/2022 of APMC Police Station, Belagavi, was submitted before the Trial Court on 02.07.2025 and the said proceedings in S.C.No.155/2025 is posted before the - 4 - HC-KAR NC: 2025:KHC:29773 WP No. 8755 of 2025 concerned Trial Court on 23.08.2025 against Mr. Rajakumar Takale, sole accused and posted before the Trial Court on 23.08.2025 for Hearing Before Charge (HBC). 4. The petitioner - party-in-person submits that the present petition may be disposed of reserving liberty in favour of the petitioner to file appropriate applications before the concerned Trial Courts seeking further investigation and for filing of additional /supplementary charge sheet and also reserve liberty in favour of the petitioner to take recourse to such remedies as available in law, including approaching this Court, if the occasion so arises. 5. Learned HCGP submits that in the event the party-in- person files such applications before the Trial Court as stated supra, the Trial Court may be directed to consider the same and proceed further, in accordance with law. 6. The aforesaid submissions are placed on record. 7. In view of the aforesaid submissions, I deem it just and appropriate to dispose of the petition reserving liberty in favour of the petitioner to file appropriate application in S.C.No.155/2025 pending on the file of the 8th Additional District and Sessions - 5 - HC-KAR NC: 2025:KHC:29773 WP No. 8755 of 2025 Judge, Belagavi and in C.C.No.2856/2023 pending on the file of the I Addl. CMM, Bengaluru, seeking further investigation and for filing of additional/supplementary charge sheet and if such an application is filed, the Trial Court shall provide an opportunity to the petitioner and proceed further, in accordance with law. 8. Liberty is reserved in favour of petitioner to take recourse to such remedies as available in law, including approaching this Court subsequently, if the occasion so arises. 9. Subject to the aforesaid directions and reserving liberty in favour of the petitioner, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 23