- 1 - HC-KAR NC: 2026:KHC:10254 WP No. 25078 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 25078 OF 2025 (GM-POLICE) BETWEEN: SRI.CHANDAN S S/O SONNE GOWDA AGED ABOUT 25 YEARS, RESIDING AT NAGENAHALLI VILLAGE, REDDYHALLI POST, CHENNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT 562129. (ACCUSED IS IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. SHRIDHARA K.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU 560001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10254 WP No. 25078 of 2025 2. SUPERINTENDENT OF POLICE BENGALURU RURAL DISTRICT, BENGALURU 560001. 3. CHENNARAYAPATNA POLICE STATION, BENGALURU RURAL DISTRICT 562110. RESPONDENT NO.1 AND 3 ARE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU 560001. 4. KRISHNAPPA M S/O LATE MUNIYAPPA, AGED ABOUT 49 YEARS, R/AT MALLEMAHALLI VILLAGE, CHENNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT 562129. (DE-FACTO COMPLAINAT). …RESPONDENTS (BY SRI B. RAVINDRANATH., AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT DIRECTING THE RESPONDENTS TO FORTHWITH RELEASE THE PETITIONER FROM ILLEGAL CUSTODY IN CRIME NO.101/2025 OF - 3 - HC-KAR NC: 2026:KHC:10254 WP No. 25078 of 2025 CHENNARAYAPATNA POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTION 3(1)(R) OF SC/ST (POA) ACT. SECTION 25(1AA) OF ARMS ACT AND SECTION 351(2) AND 352 OF BNS; B) DECLARE THE ARREST AND DETENTION OF THE PETITIONER AS ILLEGAL AND UNCONSTITUTIONAL; C) DIRECT AN INDEPENDENT INVESTIGATION BY A SENIOR OFFICER NOT BELOW THE RANK OF DY.S.P., UNCONNECTED WITH THE PRESENT POLICE CIRCLE/RANGE. INTO THE ILLEGAL ARREST AND FALSE IMPLICATION; D) DIRECT THE PRESERVATION AND PRODUCTION OF CCTV FOOTAGE NEAR NELLUR TOLL GATE ON 02.08.2025 AT AROUND 6.00 PM, AND OF CHENNARAYAPATNA POLICE STATION FROM 02.08.2025 TO 05.08.2025. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:10254 WP No. 25078 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner stands trial in the criminal proceedings that emanates from the First Information Report [FIR] in Crime No.101/2025 on the file of the II Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, and this FIR is for the offences punishable under the provisions of the Scheduled Castes and the Scheduled Tribes [Prevention of Atrocities] Act, 1989, the Arms Act, 1959 and the Bharatiya Nyaya Sanhita, 2023. 2. The petitioner asserts that he was taken into custody on 02.08.2025 but the police have manipulated the records to show that he was taken into custody on 04.08.2025 and produced before the concerned Judge on 05.08.2025. The petitioner seeks direction to the jurisdictional police, amongst others, to preserve and produce CCTV footage near Nellur Toll Gate. - 5 - HC-KAR NC: 2026:KHC:10254 WP No. 25078 of 2025 3. Sri Shridhara K, the learned counsel for the petitioner, arguing in support of the petition, submits that when the petitioner was produced before the learned Judge on 05.08.2025, his brother has filed an affidavit mentioning the circumstances under which the petitioner was taken into custody on 02.08.2025 but the learned Judge has not taken any action based on such affidavit. Sri B Ravindranath, a learned Additional Government Advocate, who is called upon to accept notice for the first to third respondents, is heard for disposal of the petition. 4. This Court must observe that the assertions apart, the petitioner has not placed on record the materials to indicate that the CCTV footage of a particular occurrence on 02.08.2025 at Nellur Toll Gate would be preserved for any definite period or otherwise. If this Court today, after a lapse of more than six months has to issue any direction, it would be imperative for the petitioner to - 6 - HC-KAR NC: 2026:KHC:10254 WP No. 25078 of 2025 demonstrate that it would be permissible for the jurisdictional police to retrieve such digital data. 5. This Court must next observe that if indeed there are circumstances which would demonstrate that there is any illegality in the petitioner's detention, he is at liberty to avail advantage therefrom and the petitioner must place them in the pending proceedings for due consideration. Observing thus, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE AN/-