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2026 DAILYLAW 14946 (KAR)

RAMESH S/O BASAVARAJ MALI v. THE STATE OF KARNATAKA

WP/100573/2026 · 2026-02-17

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:2441 WP No. 100573 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 100573 OF 2026 (GM-RES) BETWEEN: RAMESH S/O BASAVARAJ MALI AGE. 69 YEARS, OCC. ADVOCATE R/O. PATIL NAGAR, RAIBAG, TQ. RAIBAG, DIST. BELAGAVI. PIN-591201. …PETITIONER (BY SRI. ANAND BAGEWADI, ADV. FOR SRI. SHIVARAJ P. MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME, M S BUILDING, BENGALURU, PIN-560001. 2. THE SUPERINTENDENT OF POLICE BELAGAVI, DIST. BELAGAVI-590001 3. THE CIRCLE INSPECTOR OF POLICE RAIBAG POLICE STATION, RAIBAG, AT. RAIBAG, DIST. BELAGAVI-591203. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2026.02.19 12:32:53 +0000 - 2 - HC-KAR NC: 2026:KHC-D:2441 WP No. 100573 of 2026 4. THE POLICE SUB INSPECTOR RAIBAG POLICE STATION, RAIBAG, DIST. RAIBAG-591203. 5. B. S. MANTUR CPI RAIBAG POLICE STATION RAIBAG, DIST. RAIBAG-591201. 6. SHIVAKUMAR MUKARI CIRCLE INSPECTOR OF POLICE HESCOM VIGELANCE CHIKKODI, AT. CHIKKODI, DIST. BELAGAVI, PIN-591201. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO, 1. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO. 2 TO INITIATE ENQUIRY AGAINST THE RESPONDENTS NO. 3 TO 6 BY CONSIDERING THE COMPLAINT DATED 19/08/2025 MADE BY THE PETITIONER VIDE ANNEXURE-G. 2. TO ISSUE ANY OTHER ORDER, DIRECTIONS AS DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE. - 3 - HC-KAR NC: 2026:KHC-D:2441 WP No. 100573 of 2026 THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: “PRAYER: WHEREFORE, it is most humbly prayed that this Hon’ble court please to:- 1. To issue writ in the nature of Mandamus directing the respondent No. 2 to initiate enquiry against the respondents No. 3 to 6 by considering the complaint dated 19/08/2025 made by the petitioner vide ANNEXURE-G 2. To issue any other order, directions as deems fit in the circumstances of the case.” 2. It is the case of the petitioner that the petitioner has invested a sum of Rs.14 lakhs in the company of the accused. Initially those persons have made good payment and provided good service and finally they have issued cheque for a sum of Rs.30,00,000/- dated 16.11.2023 and the petitioner has presented the cheque issued to him and the same was dishonored. Based on the complaint given by the petitioner, the Raibag Police have registered the case against the accused for - 4 - HC-KAR NC: 2026:KHC-D:2441 WP No. 100573 of 2026 offences punishable under Sections 409, 420 read with 34 of Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’). The Police have filed the charge sheet. 3. It is the case of the petitioner that the Police have released the accused instead of producing the accused No.2 before the Court. Then the petitioner made a complaint/representation to respondent No.2 requesting him to conduct an enquiry against the officials i.e., respondent Nos.3 to 6 for illegally releasing the accused No.2 without producing accused before the Court. It is the grievance of the petitioner that the said representation was not considered by respondent No.2. Hence, the petitioner is seeking a mandamus directing respondent no.2 to initiate enquiry against respondent Nos.3 to 6. 4. Learned Additional Government Advocate appearing for respondent Nos.1 to 4 submits that he will get instructions in this matter. 5. Having heard the learned counsel for the petitioner and the learned Additional Government Advocate for respondent - 5 - HC-KAR NC: 2026:KHC-D:2441 WP No. 100573 of 2026 Nos.1 to 4, perused the material on record. If the petitioner has any grievance against the Police officials with regard to the investigation that is done, the petitioner has a remedy elsewhere but not before this Court. Hence, this Court deems it appropriate to pass the following: ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy for redressal of his grievance. ii. All I.As. in this petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI MEG CT: CNB List No.: 1 Sl No.: 48