- 1 - HC-KAR NC: 2026:KHC:14690 WP No. 34686 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 34686 OF 2025 (GM-POLICE) BETWEEN: SRI K V RANGAPPA AGED ABOUT 70 YEARS S/O LATE K.R. VENKATARAMANAPPA RESIDING AT NO.18/19, 7TH CROSS 1ST MAIN ROAD, MARUTHI NAGAR YELAHANKA, BENGALURU- 560 064. …PETITIONER (BY SRI. D.V.VENKATESHA., ADVOCATE) AND: 1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANSOUDHA BENGALURU 560 001. 2. THE PRINCIPAL SECRETARY HOME DEPARTMENT VIDHANA SOUDHA, BENGALURU 560 001. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14690 WP No. 34686 of 2025 3. THE COMMISSIONER OF POLICE ARMS DIVISION INFANTRY ROAD BENGALURU 560 001 4. THE POLICE INSPECTOR YELAHANKA POLICE STATION YELAHANKA BENGALURU 560 064 5. MR.ARJUN BAHADUR S/O MALLIKARJUNA.B AGED ABOUT 45 YEARS R/AT NO.14, 1ST MAIN ROAD, 15TH CROSS, MARUTHINAGAR YELAHANKA, BENGALURU 560 001 …RESPONDENTS (BY SRI. K.P.YOGANNA, AGA FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R3 AND 4 TO TAKE NECESSARY ACTION FOR RECOVERY OF THE GUN OF THE PETITIONER FROM THE R5. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:14690 WP No. 34686 of 2025 ORAL ORDER The captioned petition is filed seeking the following reliefs: "[1] ISSUE a Writ of Mandamus, directing the Respondent No. 3 and 4 to take necessary action for recovery of the gun of the petitioner from the respondent No.5. [2] ISSUE any other appropriate Writ, Order of Direction as this Hon'ble Court deems fit to grant under the facts and circumstances of the case, to meet the ends of justice and equity." 2. The grievance of the petitioner, as articulated in the writ petition, is primarily directed against respondent No.5, who is none other than his son-in- law. The petitioner contends that he is the lawful holder of a licensed firearm issued by the competent authority under the provisions of the Arms Act and that the said firearm was in his lawful possession. It is the specific allegation of the petitioner that respondent No.5 has forcibly taken away the said licensed gun - 4 - HC-KAR NC: 2026:KHC:14690 WP No. 34686 of 2025 and has retained the same without any lawful authority. Aggrieved by the alleged illegal act of respondent No.5 and the inaction on the part of the jurisdictional police authorities, the petitioner has presented the instant writ petition seeking a direction to respondent Nos.3 and 4 to initiate appropriate action in accordance with law and to secure the recovery of the firearm from the custody of respondent No.5 and restore the same to the petitioner. 3. Learned Additional Government Advocate, on instructions from the jurisdictional police authorities, would submit that the grievance projected by the petitioner was already the subject matter of criminal proceedings. It is submitted that the petitioner had earlier approached the jurisdictional Magistrate by filing a private complaint under Section 200 of the - 5 - HC-KAR NC: 2026:KHC:14690 WP No. 34686 of 2025 Code of Criminal Procedure alleging illegal removal of the licensed firearm by respondent No.5. The learned Magistrate, upon consideration of the complaint, had referred the matter to the jurisdictional police for investigation under Section 156(3) of the Code of Criminal Procedure. Pursuant to the said reference, the Investigating Officer conducted an enquiry into the allegations made in the complaint and thereafter submitted a ‘B’ report before the jurisdictional Magistrate indicating that the allegations were not substantiated during the course of investigation. 4. Learned counsel appearing for the petitioner, however, fairly submits that the petitioner has questioned the acceptance of the said ‘B’ report and the consequential dismissal of the complaint and that the matter is presently pending consideration in - 6 - HC-KAR NC: 2026:KHC:14690 WP No. 34686 of 2025 Revision Petition No.6/2025 before the competent revisional Court. 5. In that view of the matter, when the dispute relating to the alleged illegal custody of the firearm by respondent No.5 forms the subject matter of adjudication in the proceedings initiated by the petitioner himself and the same is presently seized in Revision Petition No.6/2025, this Court is of the considered opinion that the petitioner cannot simultaneously invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking identical relief. The petitioner has to necessarily work out his remedy in the pending revision proceedings where the legality of the investigation and the ‘B’ report is under challenge. Accordingly, reserving liberty to the petitioner to prosecute the pending revision petition and to seek - 7 - HC-KAR NC: 2026:KHC:14690 WP No. 34686 of 2025 appropriate reliefs in accordance with law before the competent Court, the writ petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 11