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2026 DAILYLAW 16989 (KAR)

SMT. VIJAYA. B. K. v. THE STATE OF KARNATAKA

WP/8306/2026 · 2026-03-12

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14978 WP No. 8306 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 8306 OF 2026 (GM-POLICE) BETWEEN: 1. SMT. VIJAYA. B. K. W/O SURESH PALEKAR N, AGED ABOUT 45 YEARS, R/AT NO.269, LOTUS BUILDING ROYAL SHELTERS, BEGUR, BENNARGATTA ROAD, BENGALURU SOUTH, BENGALURU-560076 2. SRI VAIBHAV S S/O SURESH PALEKAR N, AGED ABOUT 29 YEARS, R/AT NO.269, LOTUS BUILDING ROYAL SHELTERS, BEGUR, BENNARGATTA ROAD, BENGALURU SOUTH, BENGALURU-560076 …PETITIONERS (BY SRI. MOHANKUMARA D., ADVOCATE) AND: 1. THE STATE OF KARNATAKA MINISTRY OF HOME AFFAIRS, AMBEDKAR VEEDHI, BENGALURU - 01 REPRESENTED BY ITS SECRETARY Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14978 WP No. 8306 of 2026 2. SHO, SURYANAGAR, SURYANAGAR POLICE STATION BOMMASANDRA BENGALURU-560081 3. SHO, HEBGODI, HEBGODI POLICE STATION BOMMASANDRA BENGALURU- 560099 4. THE COMMISSIONER OF POLICE ADDRESS NO.2, ALI ASKAR ROAD, VASANTH NAGAR, BANGALORE- 52 …RESPONDENTS (BY SRI. K.P.YOGANNA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECT THE R1 TO CONSIDER THE REPRESENTATION DATED 06.03.2026 WHEREIN THE PETITIONER AND FAMILY HAS SOUGHT FOR ADEQUATE POLICE PROTECTION VIDE ANNX-D., 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 - 3 - HC-KAR NC: 2026:KHC:14978 WP No. 8306 of 2026 ORAL ORDER The captioned petition is filed seeking mandamus against respondent No.1 to consider the representations dated 06.03.2026 given through RPAD vide Annexures-D, E, F and G. 2. Heard learned counsel of the petitioners and learned AGA for the State. Perused the records. 3. On perusal of the representation placed on record, it emerges that the petitioners are seeking issuance of a direction to the respondent–police authorities to provide police protection against one Preethi K.S. The grievance projected in the representation indicates that the said Preethi K.S. has initiated criminal proceedings against petitioner No.2 alleging commission of sexual assault on the premise of a false promise. 4. On a specific query by this Court, learned counsel appearing for the petitioners fairly submits that the criminal proceedings initiated at the instance of the said - 4 - HC-KAR NC: 2026:KHC:14978 WP No. 8306 of 2026 Preethi K.S. have already been called in question before this Court and the matter is presently seized of by this Court in W.P. No.8035/2026. It is further submitted that the proceedings in the said case are presently under consideration in exercise of the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure. 5. In that view of the matter, when the very criminal proceedings initiated by the complainant are already the subject matter of adjudication before this Court and when a crime is admittedly registered against the petitioners, the representations sent by the petitioners through RPAD seeking police protection cannot be independently entertained by this Court in the present proceedings. Granting such directions at this stage would indirectly trench upon issues which are already pending consideration in the proceedings under Section 482. - 5 - HC-KAR NC: 2026:KHC:14978 WP No. 8306 of 2026 6. However, it is made clear that if the petitioners are genuinely aggrieved by the alleged conduct or behaviour of the said Preethi K.S., it is always open for them to place such grievances before this Court by filing appropriate applications in the pending proceedings in W.P. No.8035/2026, where the entire dispute between the parties is presently under consideration. Appropriate orders, if warranted, can then be sought in those proceedings in accordance with law. With these observations, the captioned petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 36