Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:15436 WP No. 8490 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 8490 OF 2026 (GM-POLICE) BETWEEN:
SMT VIJAYA B K W/O SURESH PALEKAR N AGED ABOUT 74 YEARS R/AT NO.61, MGB IRR ENCLAVE, 2ND CROSS, CHANDAPURA ROAD, MARASUR, ANEKAL TALUK, BANGALORE- 562 166. …PETITIONER (BY SRI. MOHANKUMARA D., ADVOCATE) AND:
1. THE STATE OF KARNATAKA MINISTRY OF HOME DEPARTMENT REPRESENTED BY ITS PRINCIPAL SECRETATY AMBEDKAR VEEDHI, VIDHANA SOUDHA, BENGALURU- 560001
2. THE STATION HOUSE OFFICER (SHO) BOMMANAHALLI POLICE STATION REPRESENTED BY STATE PUIBLIC PROSECUTOR HIGH COURT COMPLEX, BENGALURU- 560001
3. THE STATION HOUSE OFFICER MICO LAYOUT POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, Digitally signed by SHARADAVANI B Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2026:KHC:15436 WP No. 8490 of 2026 HIGH COURT COMPLEX, BENGALURU- 560001
4. THE STATION HOUSE OFFICER (SHO) SURYANAGARA POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU- 560001
5. THE STATION HOUSE OFFICER (SHO) HEBBAGODI POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU- 560001
6. THE SUPERINTENDENT OF POLICE (SP) ADDRESS NO. 5, MILLER ROAD, OPPOSITE TO VIKRAM HOSPITAL, VASANTH NAGAR, BENGALURU- 560051
7. THE DEPUTY SUPERINTENDENT OF POLICE (DYSP) ADDRESS ANEKAL SUB-DIVISION, ANEKAL, BENGALURU RURAL- 562106 …RESPONDENTS (BY SRI. K.P.YOGANNA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER DIRECTING RESPONDENT NO.2 TO PROVIDE AN ADEQUATE POLICE PROTECTION TO PETITIONER AND HER FAMILY
- 3 -
HC-KAR NC: 2026:KHC:15436 WP No. 8490 of 2026 MEMBERS IN TERMS OF THE REPRESENTATION DATED 10.03.2026 VIDE ANNEXURE-C., AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR.
JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed seeking the following reliefs: a) Issue a Writ of Mandamus or any other appropriate writ or order directing Respondent No.2 to provide an adequate police protection to Petitioner and her family members in terms of the representation dated 10.03.2026 vide ANNEXURE-C. b) Issue a Writ of Mandamus or any other appropriate writ or order directing Respondent No.3 to provide an adequate police protection to Petitioner and her family members in terms of the representation dated 10.03.2026 vide ANNEXURE-C1. c) Issue a Writ of Mandamus or any other appropriate writ or order directing Respondent No.4 to provide an adequate police protection to Petitioner and her family members in terms of the representation dated 10.03.2026 vide ANNEXURE-C2. d) Issue a Writ of Mandamus or any other appropriate writ or order directing Respondent No.5 to provide an adequate police protection to Petitioner and her family members in terms of the representation dated 10.03.2026 vide ANNEXURE-C3. - 4 -
HC-KAR NC: 2026:KHC:15436 WP No. 8490 of 2026 e) Issue a Writ of Mandamus or any other appropriate writ or order directing Respondent No.6 to provide an adequate police protection to Petitioner and her family members in terms of the representation dated 10.03.2026 vide ANNEXURE-C4. f) Issue a Writ of Mandamus or any other appropriate writ or order directing Respondent No.7 to provide an adequate police protection to Petitioner and her family members in terms of the representation dated 10.03.2026 vide ANNEXURE-C5. g) Pass such other order/s as this Hon'ble Court deem fit under the facts and circumstances of the case, in the interest of justice and equity. 2. The petitioner, a resident of No.61, MGB IRR Enclave, 2nd Cross, Chandapura Road, near Anjaneya Temple, Marasur, Anekal Taluk, Bengaluru–562166, claims to be seriously aggrieved by the conduct of one girl by name Preethi. It is the specific allegation of the petitioner that the said girl has been repeatedly visiting her residence at odd hours, causing disturbance and nuisance, and is persistently insisting that the petitioner disclose the whereabouts of her elder son, namely Vaibhav. The petitioner asserts that such repeated acts have resulted in undue harassment and mental agony to her and her family members.
It is further contended that despite
- 5 -
HC-KAR NC: 2026:KHC:15436 WP No. 8490 of 2026 having addressed multiple complaints to the jurisdictional police authorities through Registered Post Acknowledgment Due (RPAD), no action has been initiated by the respondents. Alleging inaction and dereliction of duty on the part of the police officials, the petitioner has approached this Court seeking issuance of a writ in the nature of mandamus directing respondents No.2 to 5, particularly the Station House Officer, to consider her complaints and take appropriate action in accordance with law against the said individual. 3. Per contra, the learned Additional Government Advocate would submit that the petitioner has not approached the jurisdictional police station in person to lodge a formal complaint in accordance with law. It is contended that mere dispatch of representations through RPAD, without following the prescribed procedure for setting the criminal law in motion, would not cast a mandatory obligation on the police authorities to act in the manner sought by the petitioner. It is further pointed out that in respect of the very same set of allegations and incident, this Court has already adjudicated and disposed of connected writ petitions in W.P. No.8306/2026, and
- 6 -
HC-KAR NC: 2026:KHC:15436 WP No. 8490 of 2026 therefore, the present petition is not maintainable in its present form. 4. Having heard the learned counsel for the petitioner and the learned Additional Government Advocate, and upon perusal of the material on record, this Court is of the considered opinion that the petitioner has not availed the efficacious statutory remedy available under law. The petitioner has admittedly not lodged a complaint before the jurisdictional police in accordance with the procedure contemplated under Section 173 of the Bharatiya Nyaya Sanhita, 2023, nor has she demonstrated the existence of a legally enforceable right warranting issuance of a writ of mandamus.
The grievance of the petitioner pertains to alleged acts of nuisance and harassment by a private individual, for which the appropriate course of action would be to approach the jurisdictional police station and lodge a complaint in the manner known to law. Only upon such compliance can the police authorities examine the allegations and take action, if warranted. In that view of the matter, this Court is not inclined to entertain the present writ petition. However, liberty is reserved to the petitioner to
- 7 -
HC-KAR NC: 2026:KHC:15436 WP No. 8490 of 2026 approach the jurisdictional police station and initiate appropriate proceedings in accordance with law. With the aforesaid liberty, the Writ Petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE BVK List No.: 1 Sl No.: 15