MASTER M. DEVANKA REDDY @ DIVANKA REDDY v. STATE OF KARNATAKA
WP/8540/2026 · 2026-06-16
Suraj Govindaraj
body2026
DailyLaw.ai
[ 2026 DAILYLAW 22243 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 22243 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:29498 WP No. 8540 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8540 OF 2026 (GM-POLICE) BETWEEN:
MASTER M. DEVANKA REDDY @ DIVANKA REDDY S/O. SRI. M. VENKATA RAMANA REDDY, AGED ABOUT 17 YEARS, SINCE MINOR,
REPRESENTED BY HIS NATURAL GUARDIAN, FATHER NAMELY M. VENAKTA RAMANA REDDY, AGED ABOUT 66 YEARS, R/AT.19-9-3E/5, TIRICHANOR ROAD, JAYANAGARA ROAD NO.1, TIRUPATHI - 517 501, NOW CAMPING AT BENGALURU. …PETITIONER (BY SRI. H.T. NATARAJA, ADVOCATE) AND:
STATE OF KARNATAKA REPRESENTED BY CENTRAL CEN CRIME POLICE STATION, BANGALORE, REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BENGALURU. …RESPONDENT (BY SRI. DEVARAJ C.H, GA)
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:29498 WP No. 8540 of 2026
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 26.02.2026 VIDE NO.CRM.NO 11/2026, UNDER SECTION 35(3) OF BHARATHIYA NAGARIKA SURAKSHA SANHITA, 2023 BY THE RESPONDENT POLICE ANNEX-C AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Petitioner is before this Court seeking for the following reliefs: a. Quash the notice dated 26.02.2026 vide No.CRM.No:11/2026, under Section 35(3) of Bharathiya Nagarika Suraksha Sanhita, 2023 by the respondent police. ANNEXURE-C.
b. In the alternative, direct the respondent police to conduct any enquiry against the petitioner strictly in accordance with the provision of the Juvenile Justice (Care and Protection of Children) Act, 2015.
c. Pass such other order or directions as this Hon'ble Court deems fit in the circumstances of the case in the interest of justice.
2. The contention of learned counsel for the petitioner is that a notice under Section 353 of the Bharatiya Nagarika Suraksha Sanitha, 2023, has been issued to the petitioner, who is a minor, by treating him as a major by
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HC-KAR NC: 2026:KHC:29498 WP No. 8540 of 2026
resisting a FIR under Sections 66(D) and 66(C) of the Information Technology Act, 2008.
3. In support of his contention, the petitioner has produced the birth certificate at Annexure-D and passport at Annexure-E. The mark's statement cum certificate issued by the Central Board of Secondary Education at Annexure-F as also the Aadhaar card at Annexure-G, which indicates that the date of birth of the petitioner is
08.12.2008.
4. Such being the case, the petitioner being a minor, he cannot be proceeded against under the Information Technology Act by issuing a notice under Section 35(3) of the Bharatiya Nagarika Suraksha Sanhita, 2023. Hence, this Court passes the following:
ORDER i) The notice dated 26.02.2026 vide No.CRM.No:11/2026 at Annexure-C is quashed. ii) Respondent are at liberty to proceed against the petitioner under the Juvenile Justice (Care and
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HC-KAR NC: 2026:KHC:29498 WP No. 8540 of 2026
Protection of Children) Act, 2015 by following due procedure. In view of the disposal of the main petition, I.A.No.1/2026 does not survive for consideration.
Sd/- (SURAJ GOVINDARAJ) JUDGE
GJM List No.: 1 Sl No.: 38