- 1 - HC-KAR NC: 2026:KHC:35146 WP No. 20816 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION No. 20816 OF 2026 (GM-POLICE) BETWEEN: 1. KARAN SINGH PATANKAR, S/O VIKRAM SINGH PATANKAR, AGED ABOUT 27 YEARS, R/O PATAN, PATAN TALUKA, SATARA DISTRICT, MAHARASHTRA, PIN CODE-415206. …PETITIONER (BY SRI R.V. NAIK., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU -560001. 2. THE SUPERINTENDENT OF POLICE, CHITRADURGA, DISTRICT POLICE OFFICE, TURUVANUR ROAD, MANIYUR, CHITRADURGA PIN CODE -577501. 3. THE POLICE INSPECTOR, CHELLAKERE POLICE STATION, CHELLAKERE, CHITRADURGA DISTRICT, PIN CODE -577522. …RESPONDENTS (BY SRI DEVARAJ C.H., GOVERNMENT ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35146 WP No. 20816 of 2026 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT No.3 TO REGISTER AN FIR AGAINST THE ACCUSED AS PER ANNEXURE-F FOR OFFENSES PUNISHABLE UNDER SECTIONS 314 (DISHONEST MISAPPROPRIATION OF PROPERTY), 316(2) (CRIMINAL BREACH OF TRUST) AND 318 (CHEATING) OF BNSS AND PROCEED IN ACCORDANCE WITH LAW, 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. Learned AGA accepts notice for respondent nos.1 to 3. 2. The petitioner is before this Court seeking for the following reliefs; "a) That this Hon'ble Court pleased to issue a Writ of Mandamus or any other Writ Order or Direction, directing the Respondent No.3 to Register an FIR against the Accused as per Annexure-F for offences punishable under sections 314 (Dishonest Misappropriation of Property), 316 (2) (Criminal Breach of Trust) & 318 (Cheating) of BNSS and proceed in accordance with law, in the interests of justice and equity. (b) Pass such other and further Orders as this Hon'ble Court deems fit and proper, in the interest of justice." 3. The grievance of the petitioner is that the complaint filed by the petitioner on 26.02.2026 at Annexure-F for - 3 - HC-KAR NC: 2026:KHC:35146 WP No. 20816 of 2026 offences under Sections 314, 316(2) and 318 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') have not been registered by the respondents. His submission is that, whenever a complaint regarding cognizable offences is made, it is for the respondents to register the complaint and investigate the same in terms of decision of the Hon'ble Apex Court in Lalitha Kumari v. State of Uttar Pradesh reported in (2014) 2 SCC 1 . The offences which have been alleged in the present matter are under Sections 314, 316(2) and 318 of the BNSS. 4. Insofar as the offence under Section 314 is concerned, it is non-cognizable and therefore there was no requirement for the respondents to have registered a complaint. However, insofar as the offence under Section 316(2), the same is a cognizable offence requiring the respondents to register a complaint. Though it is not clear as to under what particular provision the offence under Section 318 has been alleged, it is for the respondents to have examined the same and issued necessary - 4 - HC-KAR NC: 2026:KHC:35146 WP No. 20816 of 2026 endorsement on the basis of the particular provision. If it was under Sub-section (4) of Section 318, it was required for respondents to have registered a complaint as the same is cognizable in nature. 5. In that view of the matter, this Court passes the following order. (i) The petition is partly allowed. (ii) The respondents are directed to register a complaint in FIR in furtherance of the complaint lodged by the petitioner, insofar as cognizable offences are concerned, within a period of 15 days from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE MV, List No.: 1 Sl No.: 19