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2026 DAILYLAW 26865 (KAR)

SRI VIKAS M DEV v. STATE OF KARNATAKA

CRL.P/9437/2026 · 2026-07-06

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:34364 CRL.P No. 9437 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO.9437 OF 2026 (482 (Cr.PC)/ 528(BNSS)) BETWEEN: SRI VIKAS M.DEV AGED ABOUT 33 YEARS, S/O. LATE MR. M.C.MAHADEVA, RESIDING AT NO.39, 2ND 'A' CROSS NAGARBHAVI VILLAGE, BENGALURU - 560 072 …PETITIONER (BY SRI. SAMEER SHARMA, ADVOCATE) AND: STATE OF KARNATAKA THROUGH ANNAPOORNESHWARINAGAR POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 482 OF CR.P.C. (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ISSUE AN APPROPRIATE ORDER OR DIRECTION DIRECTING THE RESPONDENT HEREIN TO COMPLETE THE INVESTIGATION IN FIR BEARING CR.NO.253/2025 (ANNEXURE-M) REGISTERED PURSUANT TO THE ORDER DTD. 25.06.2025 PASSED BY THIS Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34364 CRL.P No. 9437 of 2026 HONBLE COURT IN W.P.NO.24162/2024 (GM-POLICE) (ANNEXURE-K) WITHIN A TIME PERIOD AS MAY BE PRESCRIBED BY THIS HONBLE COURT, BY CALLING FOR A MEDICAL REPORT/OPINION FROM AN INDEPENDENT EXPERT BODY/AUTHORITY AS TO THE COMMISSION MEDICAL NEGLIGENCE AS DETAILED IN THE AFORESAID FIR, IN TERMS OF THE DICTA LAID DOWN BY THE HONBLE SUPREME COURT IN THE CASES OF JACOB MATHEW VS. STATE OF PUNJAB AND ANOTHER (2005) 6 SCC 1 AND LALITA KUMARI VS. GOVERNMENT OF UTTAR PRADESH AND OTHERS (2014) 2 SCC 1 AT ANNEXURES-A TO C AND THEREBY TAKE CONSEQUENTIAL STEPS IN ACCORDANCE WITH LAW AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before the Court seeking the following prayer: “WHEREFORE, in light of the facts and grounds stated herein above, it is most humbly prayed that this Hon'ble Court may be pleased to: - A. Call for the records of proceedings in Crime No. 253 of 2025 pending on the file of the Hon'ble VI Additional Chief Judicial Magistrate, Bengaluru City; B. Issue an appropriate order or direction directing the Respondent herein to complete the investigation in FIR bearing Crime No. 253 of 2025 (Annexure 'M'), registered pursuant to the Order dated 25.06.2025 - 3 - HC-KAR NC: 2026:KHC:34364 CRL.P No. 9437 of 2026 passed by this Hon'ble Court in W.P.No.24162 of 2024 (GM-Police) (Annexure 'K'), within a time period as may be prescribed by this Hon'ble Court, by calling for a medical report/opinion from an independent expert body/authority as to the commission of medical negligence as detailed in the aforesaid FIR, in terms of the dicta laid down by the Hon'ble Supreme Court in the cases of Jacob Mathew v. State of Punjab and Anr. [(2005) 6 SCC 1], Martin F. D'Souza v. Mohd. Ishfaq [(2009) 3 SCC 1] and Lalita Kumari v. Government of Uttar Pradesh and Ors. [(2014) 2 SCC 1] (Annexures 'A' to 'C'), and thereby take consequential steps in accordance with law; C. Grant such other reliefs as this Hon'ble Court deems fit in the above circumstances of the case, in the interests of justice and equity.” 2. A crime that comes to be registered in Crime No.253/2025 pursuant to an order passed by this Court is still pending at the stage of investigation. Therefore, the petitioner/complainant is before the Court seeking completion of investigation within a time frame. 3. In the light of the said prayer that is sought, I deem it appropriate to direct the concerned Investigating Officer to conclude the investigation and file a final report - 4 - HC-KAR NC: 2026:KHC:34364 CRL.P No. 9437 of 2026 within an outer limit of four months from the date of receipt of the copy of the order. 4. Accordingly, criminal petition is disposed. Sd/- (M.NAGAPRASANNA) JUDGE PB List No.: 2 Sl No.: 162