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2026 DAILYLAW 13098 (KAR)

SMT YASHASWINI A v. THE STATE OF KARNATAKA

WP/600/2026 · 2026-03-03

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12976 WP No. 600 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 600 OF 2026 (GM-POLICE) BETWEEN: 1. SMT YASHASWINI A AGED ABOUT 30 YEARS WIFE OF SRI.ADITYAMANOHAR RESIDING AT NO. 190, THYAGARAJNAGAR, BANGALORE-560070 …PETITIONER (BY SRI. ADITYA S.K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIKASA SOUDHA, BENGALURU-560001 2. THE SUPERINTENDENT OF POLICE BANGALORE SOUTH DISTRICT, (FORMER RAMANAGARA DISTRICT), POLICE BHAVAN, B M ROAD, RAMANAGARA BENGALURU SOUTH DISTRICT-562159 3. THE INSPECTOR OF POLICE HAROHALLI POLICE STATION, BANGALORE- KANAKAPURA ROAD, HAROHALLI, Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12976 WP No. 600 of 2026 KANAKAPURATALUK, BENGALURU SOUTH DISTRICT-562112 4. THE DEPUTY COMMISSIONER OF POLICE SOUTH DIVISION-BENGALURU CITY, GUPTA LAYOUT, BASAVANAGUDI, BENGALURU-560004 5. THE INSPECTOR OF POLICE BANASHANKARI POLICE STATION, 9TH MAIN ROAD, BANASHANKARI BENGALURU - 560070 …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA) 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 APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING RESPONDENT NOS. 2 AND 3 TO CONDUCT A FAIR, IMPARTIAL, EFFECTIVE, AND COMPREHENSIVE INVESTIGATION IN FIR BEARING CRIME NO.313/2025, REGISTERED BY THE HAROHALLI POLICE / RESPONDENT NO.3 STRICTLY IN ACCORDANCE WITH LAW, AFTER DULY CONSIDERING THE PETITIONERS REPRESENTATION DATED 13.12.2025 VIDE ANNEXURE-H, AND BY TAKING INTO CONSIDERATION ALL MATERIALS AND EVIDENCE PLACED ON RECORD BY THE PETITIONER, INCLUDING CCTV FOOTAGE, ELECTRONIC EVIDENCE, TRANSACTION RECORDS, AND REPRESENTATIONS SUBMITTED FROM TIME TO TIME AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:12976 WP No. 600 of 2026 ORAL ORDER The captioned writ petition is filed seeking issuance of a writ in the nature of mandamus directing respondent– police authorities to conduct a fair, impartial, effective and comprehensive investigation in respect of FIR bearing Crime No.313/2025. 2. On perusal of the pleadings and documents placed on record, particularly Annexure–H, which is a representation dated 13.12.2025 submitted by the petitioner to the Station House Officer/respondent No.3, certain material facts emerge which go to the root of the maintainability of the present petition. The petitioner, who is the wife of one Aditya Manohar, has in unequivocal terms stated in her representation that her husband was taken away on 12.11.2025 from the Harohalli area in a Scorpio vehicle bearing registration from the State of Andhra Pradesh. - 4 - HC-KAR NC: 2026:KHC:12976 WP No. 600 of 2026 3. The records further disclose that FIR No.383/2025 has been registered by the Pulivendula Police Station, Kadapa District, Andhra Pradesh, for offences punishable under Sections 319(2), 318(4), 308(2), 308(6), 336(3) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(c) and 66(d) of the Information Technology Act, 2000. The petitioner herself has produced the said FIR. Therefore, the material placed before this Court indicates that the petitioner’s husband has not “gone missing” in the strict sense, but has been apprehended in connection with a crime registered in another State pursuant to a lawful FIR. 4. Once it is admitted that the detention or custody of the petitioner’s husband is pursuant to registration of a substantive crime in another jurisdiction, the legal consequences necessarily follow. When an arrest is effected by police officers on the basis of a duly registered FIR, the Code of Criminal Procedure, 1973 (now replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023) - 5 - HC-KAR NC: 2026:KHC:12976 WP No. 600 of 2026 provides a complete and efficacious statutory mechanism governing arrest, production before the jurisdictional Magistrate, remand, grant of bail, and other incidental safeguards. The arrestee is required to be produced before the nearest Magistrate within the stipulated period of 24 hours, and any grievance relating to illegal detention, procedural irregularity, or violation of statutory safeguards must be ventilated before the jurisdictional Magistrate or the competent courts exercising criminal jurisdiction in the State where the crime is registered. 5. If the petitioner contends that the arrest is unlawful, malafide, or in violation of constitutional or statutory safeguards, the remedy lies in invoking appropriate proceedings before the competent court in the State of Andhra Pradesh, including seeking bail, filing an application for discharge, or, in appropriate cases, invoking the jurisdiction under Articles 226 or 32 of the Constitution for a writ of habeas corpus before the jurisdictional High Court. Likewise, any grievance - 6 - HC-KAR NC: 2026:KHC:12976 WP No. 600 of 2026 regarding the manner of investigation in FIR No.383/2025 has to be addressed before the courts having territorial jurisdiction over the said crime. 6. In the present case, Crime No.313/2025 appears to have been initially registered on the premise that the petitioner’s husband was missing. However, in view of the admitted fact that he has been arrested in connection with FIR No.383/2025 registered by the Pulivendula Police, the substratum of the missing complaint no longer survives. Mere registration of a missing complaint does not confer an indefeasible legal right to seek a writ of mandamus directing investigation, particularly when subsequent events disclose that the person concerned is in lawful custody pursuant to another FIR. 7. This Court, in exercise of its writ jurisdiction, cannot assume supervisory control over investigation carried out in another State nor can it issue directions to conduct investigation in a matter which has effectively - 7 - HC-KAR NC: 2026:KHC:12976 WP No. 600 of 2026 been rendered infructuous by reason of lawful arrest in connection with a separate crime. The appropriate course open to the petitioner is to avail remedies before the competent criminal courts in Andhra Pradesh and, if so advised, to pursue remedies in accordance with law before the jurisdictional High Court of that State. 8. In that view of the matter, the prayer seeking mandamus to direct the respondents herein to conduct a fair and impartial investigation in Crime No.313/2025 is misconceived and does not warrant interference. With the aforesaid observations, the writ petition stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 25