- 1 - HC-KAR NC: 2025:KHC:38696 WP No. 10462 of 2025 C/W WP No. 33134 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 10462 OF 2025 (GM-POLICE) C/W WRIT PETITION NO. 33134 OF 2024 (GM-POLICE) IN WP No. 10462/2025 BETWEEN: 1. D VISHAL BALIGA, S/O B DINESH BALIGA, AGED ABOUT 35 YEARS, 2. B DINESH BALIGA, S/O MADHAVA BALIGA, AGED ABOUT 73 YEARS, 3. LAKSHMI BALIGA, W/O DINESH BALIGA, AGED ABOUT 72 YEARS, 4. PRIYA BALIGA W/O VISHAL D BALIGA, AGED ABOUT 32 YEARS, ALL ARE RESIDING AT, NO.56/3, MADHURI BOREWELL ROAD, BENGALURU EAST, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38696 WP No. 10462 of 2025 C/W WP No. 33134 of 2024 WHITEFIELD, BENGALURU - 560 066. …PETITIONERS (BY SRI. C.V. NAGESH., SENIOR ADVOCATE FOR SRI. SUBRAMANYA R.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HOME AFFAIRS, VIDHANA SOUDHA, DR AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE OF POLICE, POLICE HEAD QUARTERS, NO.2, NR ROAD, BENGALURU - 560 001. 3. THE COMMISSIONER OF POLICE, BENGALURU CITY, INFANTRY ROAD, BENGALURU-560 001. 4. DEPUTY COMMISSIONER OF POLICE (EAST), WHITEFIELD MAIN ROAD, RUSTAMJEE LAYOUT, VINAYAKA LAYOUT, WHITEFIELD, BENGALURU-560 066. 5. THE STATION HOUSE OFFICER WHITEFIELD POLICE STATION, BENGALURU-560 066. - 3 - HC-KAR NC: 2025:KHC:38696 WP No. 10462 of 2025 C/W WP No. 33134 of 2024 …RESPONDENTS 6. SRI. JAWAHAR GOPAL SON OF LATE GOPAL RAM NARAYAN AGED ABOUT 67 YEARS RESIDING AT " RAM KRIPA" 3RD FLOOR, NO.21, BENSON CROSS ROAD MILLERS ROAD, BENSON ROWN BANGALORE - 560 045. 7. SMT. SHEELA GOPAL WIFE OF GOPAL RAMNARAYAN AGED ABOUT 88 YEARS RESIDING AT RAMKRIPS 6TH MAIN ROADM GANDHINAGAR BANGALORE - 560 009. …PROPOSED RESPONDENTS (BY SRI.RAHUL CARIAPPA., AGA FOR R1 TO R5; SRI. DHANANJAY V JOSHI., SENIOR ADVOCATE FOR SMT. KAVITHA DAMODARAN, ADVOCATE FOR IMPLEADING APPLICANT) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO QUASH NOTICE DATED. 17.02.2025 BEARING NO. DCP/YV/MAG/2024 AT ANNX-A ISSUED BY R-4; DIRECT R-4 AND 5 TO IMPLEMENT THE ORDER DATED 15.01.2025 PASSED IN O.S.NO. 1708/2024 BY THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL BY DIRECTING R-4 AND 5 TO VISIT THE SPOT AND IMPLEMENT THE TEMPORARY INJUNCATION/ INTERIM ORDER DATED 19.12.2024 PASSED BY THE TRIAL COURT AND TO PROVIDE POLICE PROTECTION TO THE PETITIONERS AS ALSO THEIR PROPERTY; DIRECT R-4 AND 5 TO VACATE THE HENCHMEN OF THE JAWAHAR GOPAL AND SMT. SHEELA GOPAL SQUATTING AROUND THE PROPERTY PREMISES OF THE PETITIONERS AND - 4 - HC-KAR NC: 2025:KHC:38696 WP No. 10462 of 2025 C/W WP No. 33134 of 2024 TO TAKE APPROPRIATE ACTIONS IN ACCORDANCE WITH THE LAW. IN WP NO. 33134/2024 BETWEEN: SRI. BANTWAL DINESH BALIGA, S/0. LATE BANTWAL MADHAVA BALIGA, AGED ABOUT 72 YEARS RESIDING AT 56/3, MADHURI, BOREWELL ROAD, NALLURAHALLI, OPPOSITE VIGNESH DEVELOPERS, BENGALURU-560066. ...PETITIONER (BY SRI. SANDEEP S PATIL.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA MINISTRY OF HOME AFFAIRS VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560001 REPRESENTED BY ITS SECRETARY. 2. COMMISSIONER OF POLICE SOUTH BANGALORE BANGALORE CITY POLICE HEAD QUARTERS AT NO.1, INFANTRY ROAD, BENGALURU-560001. 3. SMT. REENA SUVARNA - 5 - HC-KAR NC: 2025:KHC:38696 WP No. 10462 of 2025 C/W WP No. 33134 of 2024 ASST. COMMISSIONER OF POLICE WHITEFIELD POLICE STATION BENGALURU-560066. 4. SRI. GURUPRASAD INSPECTOR WHITEFIELD POLICE STATION BENGALURU-560066. 5. SRI. SUNIL KUMAR K.R. POLICE SUB INSPECTOR WHITEFIELD POLICE STATION BENGALURU-560066. 6. SRI. S. GIRISH NAIK POLICE SUB INSPECTOR WHITEFIELD POLICE STATION BENGALURU-560066. 7. SRI. K. NARANA GOWDA ASST. SUB INSPECTOR WHITEFIELD POLICE STATION BENGALURU-560066. 8. SRI. SYED CONSTABLE WHITEFIELD POLICE STATION BENGALURU-560066. 9. POLICE INSPECTOR WHITE FIELD POLICE STATION BENGALURU - 560066 ...RESPONDENTS (BY SRI.RAHUL CARIAPPA., AGA FOR R1 AND R2) - 6 - HC-KAR NC: 2025:KHC:38696 WP No. 10462 of 2025 C/W WP No. 33134 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R-2 THE COMMISSIONER OF POLICE, BANGALORE TO PROVIDE POLICE PROTECTION TO PETITIONER AND HIS FAMILY AND DIRECT THE R-2 THE COMMISSIONER OF POLICE BANGALORE TO ORDER INQUIRY AGAINST THE R-3 TO 8 AND DIRECT THE R-2 THE COMMISSIONER OF POLICE, BANGALORE TO TAKE ACTION IN THE FIR IN CR. NO. 0853/2024 FOR OFFENCE UNDER SEC 189(4), 329(3), 324(2), 352, 351(2), 351(3), 115(2), 74, 126(2), 118(1), 127(2), 190 OF THE BHARATIYA NYAYA SANHITA, 2023 REGISTERED BY THE WHITEFIELD POLICE; DIRECT THE R-2 THE COMMISSIONER OF POLICE, BANGALORE TO PUSH THE GOONDA ELEMENTS FROM THE PETITIONER SCHEDULE PROPERTY; DIRECT THE R2 THE COMMISSIONER OF POLICE BANGALORE TO REMOVE THE TEMPORARY STRUCTURED PUT UP BY THE GOONDA ELEMENTS FROM THE PETITION SCHEDULE PROPERTY. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners are in dispute with the applicants who want to come on record, and this Court can observe, for reasons of brevity, that the second round of litigation between them is with the concerned civil Court in O.S. No.1708/2024. The first of these two writ petitions [W.P. No.33134/2024] is - 7 - HC-KAR NC: 2025:KHC:38696 WP No. 10462 of 2025 C/W WP No. 33134 of 2024 before the commencement of this suit, and the next writ petition [W.P. No.10462/2025] is after the orders of the civil Court on the application for injunction. 2. This Court must observe that presently the civil Court has allowed the first petitioners’ application in the suit in O.S.No.1708/2024 for temporary injunction granted in favour of the first petitioner. This Court, in the writ petition in W.P. No.10462/2025, has confirmed such order with the dismissal of the appeal in M.F.A. No.3947/2025. This Court's order also stands confirmed with the dismissal of the applicants' petition in SLP [C] No.20606/2025 by Apex Court. 3. This Court, on 18.09.2025, after hearing Mr. R Subramanya and Ms. Swamini G. Mohanambal, the learned counsel for the petitioners, Mr. Dhananjay Josji, the learned Senior Counsel for the applicants, and Mr. Rahul Cariappa, the learned Additional Government Advocate, has opined that the - 8 - HC-KAR NC: 2025:KHC:38696 WP No. 10462 of 2025 C/W WP No. 33134 of 2024 outcome in these petitions perhaps turn on what has transpired prior to the civil Court's order granting ex- parte injunction and the later proceedings but both the petitioners and the applicants must be categorical about the position that must be as regards use and enjoyment of the subject property in the light of this Court's order in MFA No.3947/2025. 4. Sri C V Nagesh, the learned Senior Counsel who appears on behalf of the petitioners in the writ petition in W.P. No.10462/2025, submits that there cannot be any dispute about the possession of these petitioners because of the conclusion of the proceedings on the application for temporary injunction with the dismissal of the SLP[C] No.20606/2025 by the Apex Court, and the learned Senior Counsel is categorical that any question relating to possession or use must be decided by the civil Court and the Police cannot intervene. - 9 - HC-KAR NC: 2025:KHC:38696 WP No. 10462 of 2025 C/W WP No. 33134 of 2024 5. These submissions must be considered in the backdrop of the submissions on behalf of the petitioners on 18.09.2025 that even as of today, their access to the subject property is blocked, and even if the access is opened, their use of the residential property will be affected. In response, and in terms of the liberty that is granted by this Court, the applicants have filed an affidavit stating that the petitioners' access to the residential property is not blocked. The affidavit in this regard reads as under: "I state that the present status is that Mr. Dinesh Baliga and his family have their separate access to the Schedule B Property and that I have separate access to the Schedule C Property." Sri Dhananjay V Joshi when queried on the proposition relied upon by Sri C V Nagesh that the possession and use of the subject property must be examined by the civil Court which is seized of the - 10 - HC-KAR NC: 2025:KHC:38696 WP No. 10462 of 2025 C/W WP No. 33134 of 2024 matter, submits that he cannot controvert the proposition. 6. These submissions are taken on record not to render any opinion on the possession of the subject property but only for the limited purpose of disposal of the petitions in context of the dispute. The crucial question is: whether this Court must intervene because of the alleged excesses by the Police on 05.12.2024 and with the Police calling upon the petitioners/applicants to execute a Bond as contemplated under Section 107 of the Criminal Procedure Code, 1973 corresponding to Section 131 of BNSS and the alleged excesses by the Police Officers who have filed affidavit with this Court justifying intervention asking that they had to intervene because of the use of the firearm at the property and the law and order situation. 7. Sri C V Nagesh submits that even if the licensed firearm was used, it cannot be a justification - 11 - HC-KAR NC: 2025:KHC:38696 WP No. 10462 of 2025 C/W WP No. 33134 of 2024 for the Police to intervene and take sides. Be these as they may, it is undisputed that a complaint is filed with the Police Complaints Authority on the alleged excesses, and this Court is of the view that all aspects of the excesses, if any, must be examined by such Authority. Any observation at this stage would only prevent the complete enquiry by the competent in such proceedings. As regards the decision to call upon the petitioners and the applicants to execute a Bond under Section 107 of Cr.P.C, this Court, on perusal of the affidavit filed by the Officers and the categorical stand that there has been no untoward incident must suffice and the decision to call upon the parties to execute such Bond must stand dissolved but without prejudice to the Officers to invoke such jurisdiction if it becomes necessary. 8. It is trite but relevant to observe that the Police must ensure that there is due obedience with the civil Court’s order, and if there is any difficulty in - 12 - HC-KAR NC: 2025:KHC:38696 WP No. 10462 of 2025 C/W WP No. 33134 of 2024 enforcing such obedience, they must follow the procedure that is contemplated under the Circular No.CRM-3/105/2018 dated 14.11.2018 issued by the Director General and Inspector General of Police, State of Karnataka, Bengaluru, which stipulates that if there is any difficulty in implementing the Court’s orders they must seek the opinion of the Director of Prosecution and place it before the civil Court. As such, the petitions and the application for impleadment stand disposed of with observation as aforesaid. SD/- (B M SHYAM PRASAD) JUDGE AN/-