- 1 - HC-KAR NC: 2026:KHC:10475 CRL.P No. 3282 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL PETITION NO. 3282 OF 2018 (482(Cr.PC) / 528(BNSS)) BETWEEN: STATE OF KARNATAKA BY SADASHIVANAGAR POLICE STATION, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU -560 001. …PETITIONER (BY MISS. ASMA KOUSER, SPL SPP.,ADVOCATE) AND: 1. MRS. MAMATHA W/O. NANDISHA, AGED ABOUT 44 YEARS, #1, 2ND CROSS, GUPTHA LAYOUT, LAKKASANDRA, BENGALURU-560 030. 2. SRI. H. M. JAYANNA AGED ABOUT 42 YEARS, S/O. MALAPPA, C/O. H. M. JAYANNA, NO.1, 2ND CROSS, Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10475 CRL.P No. 3282 of 2018 GUPTHA LAYOUT, LAKKASANDRA, BENGALURU-560 030. …RESPONDENTS (BY SRI. DOMINIC JAMES D.,ADVOCATE FOR R1 AND R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PLEASED TO SET ASIDE THE ORDER DATED 15.07.2017, PASSED BY THE COURT OF VII ADDITIONAL C.C.M., BANGALORE IN PCR NO.870/2016, WHEREIN, THE LEARNED MAGISTRATE HAS DIRECTED THE INVESTIGATION TO BE TRANSFERRED FROM THE SADASHIVA NAGAR POLICE STATION TO THE CID, BANGALORE FOR FURTHER INVESTIGATION IN CRIME NO.92/2016 AND ALL OTHER FURTHER PROCEEDINGS THERETO. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Present petition is by the State represented by Investigating Agency being aggrieved by the order dated 15.07.2017 in terms of which the VII Additional C.C.M, Bangalore has transferred the investigation of the matter to the C.I.D, Bangalore (for brevity 'Magistrate'). - 3 - HC-KAR NC: 2026:KHC:10475 CRL.P No. 3282 of 2018 2. Brief facts of the case are that complainants Smt.Mamatha and her brother Sri.H.M.Jayanna /respondent Nos.1 and 2 in this petition had filed a private complaint before the VII Additional C.M.M, Bangalore in PCR No.870/2016 alleging gross medical negligence on the part of staff/employees of M.S.Ramaiah Hospital resulting in complainant No.1/respondent No.1 being infused with HIV infected blood. Upon said complaint, VII Additional C.M.M, Bangalore by order dated 13.04.2016 had directed for investigation under Section 153(C) of Cr.PC to be conducted by Sadashivananagar Police Station which was communicated on 15.04.2016. Pursuant to which a case in Crime No.92/2016 came to be registered on 27.04.2016 for the offences punishable under Sections 466, 420, 463, 464, 467, 468, 469, 471, 120B, 149 of IPC r/w Section 34 of IPC against one Dr. Mamatha and two others. Investigation was commenced, statements were recorded, certain documents and items were seized under six P.F.Nos.40/2016, 43/2016, 44/2016, 67/2016, 68/2016, 69/2016 respectively. - 4 - HC-KAR NC: 2026:KHC:10475 CRL.P No. 3282 of 2018 3. It is submitted that the complainants /respondent No.1 and 2 herein had filed 2 other private complaints in P.C.R.No.7647/2016 which upon the direction issued by Magistrate was registered in Crime No.186/2016 and P.C.R.No.11925/2016 which was also registered in Crime No.225/2016 for various offences punishable under IPC that upon the order for merging of these three PCRs, the aforesaid Crime No.92/2016 came to be registered on 24.9.2018. 4. Addl. SPP taking this Court through the records submits that the investigation is substantially completed. However, report in this regard could not be submitted in the light of the order impugned in this petition passed by the Magistrate directing further investigation to be carried on by the C.I.D. She submits that such an order is one without jurisdiction, inasmuch as, no power or jurisdiction is vested with the Magistrate to pass an order to change the investigating agency. She relies upon the judgment of the Apex Court in the case of CHANDRA BABU ALIAS MOSES VS. STATE, THROUGH INSPECTOR OF POLICE AND OTHERS reported in (2015) 8 SCC 774. Referring to para 22 she - 5 - HC-KAR NC: 2026:KHC:10475 CRL.P No. 3282 of 2018 submits that the Magistrate has no power to direct for investigation to be done by other agency though he can call for/direct further investigation by the very same agency. She also relies upon the order of the Co-ordinate Bench of this Court dated 08.08.2024 passed in (Crl.P.No.7813/2024) in the case of STATE BY MAHADEVAPURA POLICE STATION VS. PADMAVATHAMMA C @ PADMAVATHI which reiterates the law laid down by the Apex Court in the case of Chandra Babu (supra). Since the order is one without jurisdiction has no legal existence, petitioner /investigation agency could not take further steps in the matter until and unless the present petition was disposed of. Thus, she submits that impugned order is one without authority/jurisdiction requires to be quashed. 5. Learned counsel for the complainants/ respondents do not dispute the aforesaid legal position. She submits in any event in the writ petition filed by the complainants in W.P.No.12665/2018, the complainants have sought for a larger relief in the nature of directing the investigation to be carried out by Central Bureau of Investigation or by another neutral - 6 - HC-KAR NC: 2026:KHC:10475 CRL.P No. 3282 of 2018 agency and that prayer is considered on merits, purpose of filing petition would be served. 6. Be that as it is. Since the facts narrated and legal principles enunciated by the Apex Court reiterated by this Court as above, which is not disputed and cannot be disputed, Criminal petition is allowed. Order dated 15.07.2017 passed by the VII Additional C.C.M, Bangalore, is accordingly quashed. Sd/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 0