- 1 - HC-KAR NC: 2026:KHC:17756 WP No. 37557 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 37557 OF 2025 (GM-POLICE) BETWEEN: SRI. B.N MONAPPA S/O LATE B. K. NACHAPPA, AGED ABOUT 62 YEARS, RESIDING AT NO. 128, 3RD MAIN, 1ST BLOCK, RMV 2ND STAGE, BENGALURU - 560 094. …PETITIONER (BY SRI. K.S. PONNAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE COMMISSIONER OF POLICE, BENGALURU CITY POLICE, I NFANTRY ROAD, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER OF POLICE, BENGALURU NORTH DIVISION, NEAR SAVINDHANA CIRCLE, YESHWANTPUR, BENGALURU - 560 022. 3. THE STATION HOUSE OFFICER, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17756 WP No. 37557 of 2025 SANJAYNAGAR POLICE STATION, SANJAYNAGAR MAIN ROAD, BENGALURU - 560 094. 4. CENTRAL BUREAU OF INVESTIGATION PLOT NO. 5-B, CGO COMPLEX, LODHI ROAD, NEW DELHI - 110 003 REPRESENTED BY ITS DIRECTOR. …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA FOR R1 TO R3; SRI. P. PRASANNA KUMAR, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTIUTTION OF INDIA PRAYING TO A. ISSUE A WRIT IN THE NATURE OF MANDAMUS AND/OR ANY SUCH/OTHER WRIT OR ORDER TRANSFERRING THE INVESTIGATION ORDERED BY THE VIII ADDL. CHIEF METROPOLITAN MAGISTRATE ON 29.11.2025 IN THE UNNUMBERED PCR FILED BY THE PETITIONER, TO THE RESPONDENT NO. 4 WITH A DIRECTION TO REGISTER THE FIRST INFORMATION REPORT AND INVESTIGATE 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:17756 WP No. 37557 of 2025 ORAL ORDER The captioned writ petition is instituted seeking a direction for transfer of investigation in respect of proceedings arising out of an unnumbered private complaint (PCR) lodged by the petitioner, with a further prayer to entrust the investigation to respondent No.4– Central Bureau of Investigation. 2. Upon service of notice, respondent No.4 has entered appearance and filed a detailed statement of objections stoutly opposing the relief sought. It is contended that the proceedings are presently at the stage of an unnumbered PCR and, therefore, the question of transferring investigation does not arise at this premature stage. Respondent No.4 has further averred that the Central Bureau of Investigation is a premier investigating agency constituted under the Delhi Special Police Establishment Act, 1946 and is primarily entrusted with investigation of serious offences, particularly those - 4 - HC-KAR NC: 2026:KHC:17756 WP No. 37557 of 2025 involving corruption under the Prevention of Corruption Act, 1988 and matters of national or inter-State ramifications. It is contended that the allegations, even if accepted on their face value, disclose at best offences relating to extortion coupled with use of forged documents, which can be effectively investigated by the State police machinery. It is thus asserted that no exceptional circumstances are made out warranting transfer of investigation to respondent No.4, and on this ground alone, the petition insofar as it seeks such transfer deserves to be rejected. 3. This Court, having heard the learned counsel appearing for the parties and upon a meticulous examination of the complaint produced at Annexure–J, is not persuaded to accept the contention of the petitioner that the investigation requires to be transferred to the Central Bureau of Investigation. The law is fairly well settled that transfer of investigation to the CBI is not to be ordered as a matter of course or routine. The Hon’ble - 5 - HC-KAR NC: 2026:KHC:17756 WP No. 37557 of 2025 Supreme Court State of West Bengal & Ors. v. Committee for Protection of Democratic Rights & Ors., (2010) 3 SCC 571 has held that the power to direct investigation by CBI is extraordinary and must be exercised sparingly, cautiously and only in exceptional circumstances where it becomes necessary to provide credibility and instill confidence in the investigation. Similarly, in K.V. Rajendran v. Superintendent of Police, CBCID South Zone, Chennai and others, (2013) 12 SCC 480, the Hon’ble Apex Court has categorically held that such transfer can be ordered only when the Court is satisfied that the investigation by the State police lacks credibility or where the incident has national or international ramifications, or involves such complexities that require investigation by a specialized agency. It has been further reiterated in Romila Thapar v. Union of India (2018) 10 SCC 753 that CBI cannot be directed to investigate every offence, and such - 6 - HC-KAR NC: 2026:KHC:17756 WP No. 37557 of 2025 directions are to be issued only in rare and exceptional cases. 4. Applying the aforesaid principles to the case on hand, this Court is of the considered view that the allegations made in the complaint do not disclose any such extraordinary or exceptional circumstance warranting deviation from the normal rule that investigation should be carried out by the jurisdictional police. The petitioner has not demonstrated any material to establish that the State investigating agency is either incapable or unwilling to conduct a fair and impartial investigation. Mere apprehension, without substantive material, cannot be a ground to transfer the investigation to a premier agency like the CBI. 5. However, this Court cannot be oblivious to the apprehension expressed by the petitioner regarding fairness of the investigation. While such apprehension, by itself, may not justify transfer of investigation, the same - 7 - HC-KAR NC: 2026:KHC:17756 WP No. 37557 of 2025 can be adequately addressed by ensuring supervisory oversight by a senior police officer. Such a course would balance the interests of the petitioner while at the same time preserving the statutory scheme governing investigation by the State police. 6. In that view of the matter, without finding any merit in the prayer seeking transfer of investigation to respondent No.4, this Court deems it appropriate to issue directions to ensure that the investigation is conducted in a fair, impartial and expeditious manner under the supervision of a higher authority. 7. For the foregoing reasons, this Court proceeds to pass the following: ORDER i. The writ petition is allowed in part; ii. Respondent No.3–Station House Officer shall proceed with the investigation in accordance with law and ensure that the same is completed expeditiously; - 8 - HC-KAR NC: 2026:KHC:17756 WP No. 37557 of 2025 iii. Respondent No.2–Deputy Commissioner of Police shall oversee and monitor the investigation carried out by respondent No.3 so as to ensure fairness, transparency and adherence to due process. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 40