- 1 - HC-KAR NC: 2025:KHC:31895 WP No. 17454 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 17454 OF 2018 (GM-POLICE) BETWEEN: PRABAL MUTHA AGE 30 YEARS, S/O. MR. DALPATRAJ MUTHA, 106, 1ST FLOOR, ABHINAND GARDENIA, GARDEN SCHOOL ROAD, UTTARAHALLI MAIN ROAD, CHIKKALASANDRA, BANGALORE-560 061. …PETITIONER (BY SMT. AKSHATA PRASAD, ADVOCATE FOR SRI. ARVIND JAIN, ADVOCATE (THROUGH VC)) AND: THE STATE OF KARNATAKA BY HALASURU GATE POLICE STATION, BANGALORE-560 001. …RESPONDENT (BY SRI. MAHANTESH SHETTAR, ADDITIONAL GOVERNMENT ADVOCATE) THIS WP IS FILED UNDER ARTICLES 21, 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ORDER PROTECTION OF MY FATHER WHO IS HELPLESS IN THE PRISON AND HIS HUMAN RIGHTS MAY BE SAFE GUARDED. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31895 WP No. 17454 of 2018 CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a direction to the respondent to protect the human rights of his father who was lodged in prison. 2. (i) The petitioner contends that a false complaint was lodged against his father by Mr. Babu for recovery of certain loans and the respondent - police had registered Cr.No.111/2018 for the offences punishable under Sections 406 and 420 read with Section 34 of Indian Penal Code. (ii) The petitioner claimed that his father was summoned to the police station at midnight on 18.04.2018 and thereafter, he was produced before the Magistrate who granted five days custody to the police. The petitioner contends that his father is a heart patient and is suffering from various ailments and if he is not administered medicine in time, his health would be affected. He has also alleged that the respondent - police instead of investigating the crime were threatening his father to pay a sum of Rs.45,00,000/- to Mr. Babu or else he would be tortured in the lockup. It is alleged that the respondent - police - 3 - HC-KAR NC: 2025:KHC:31895 WP No. 17454 of 2018 are doing the job of recovery agents and are ill-treating his father and treating him like an animal. The petitioner is therefore before this Court seeking for a direction to protect his father who is lodged in prison and to protect his human rights. 3. The learned counsel for the petitioner reiterated the above contentions and claimed that the petitioner is falsely implicated in the case and therefore the respondent - police are bound to be directed to protect the father of the petitioner. 4. The learned Additional Government Advocate on the other hand contended that the respondent - police after conducting an investigation have now laid a charge sheet for offences punishable under Sections 406 and 420 of IPC and that the Trial Court has registered C.C.No.25821/2019 and that the trial is on. He contends that the father of the petitioner is a proclaimed offender from the year 2024. 5. Now that the respondents have conducted an investigation and laid a charge sheet and the petitioner's father is out on bail, the question of showing any indulgence in this petition does not arise. - 4 - HC-KAR NC: 2025:KHC:31895 WP No. 17454 of 2018 6. In that view of the matter, this petition does not survive for consideration and is accordingly, dismissed. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 7