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2026 DAILYLAW 30383 (KAR)

MR. JOHAR ABBAS v. THE STATE OF KARNATAKA, BY

WP/20081/2026 · 2026-07-21

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010445612026 NC: 2026:KHC:37556 WP No. 20081 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 20081 OF 2026 (GM-POLICE) BETWEEN: MR. JOHAR ABBAS S/O ARIF HUSSAIN AGED ABOUT 36 YEARS R/O MAZID STREET POPULAR MATERNITY CENTER AUSTIN TOWN, BANGALORE-560 047. …PETITIONER (BY SRI SRIDHAR PRABHU, SR. ADVOCATE FOR SRI SHANTH KUMAR S.P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ASHOKNAGARA POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BANGALORE. 2. THE ASSISTANT COMMISSIONER OF POLICE (CENTRAL) NO.8, KASTURBA ROAD SHATALA NAGAR, ASHOK NAGAR BANGALORE CITY-560 001 REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BANGALORE. 3. THE COMMISSIONER OF POLICE BANGALORE CITY, INFANTRY ROAD Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010445612026 NC: 2026:KHC:37556 WP No. 20081 of 2026 BANGALORE-560 001 REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BANGALORE. 4. THE INSPECTOR GENERAL OF POLICE CENTRAL RANGE, MILLER ROAD VASANTHNAGAR, BANGALORE-560 001 REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BANGALORE. 5. THE SUPERINTENDENT OF POLICE BANGALORE RURAL DISTRICT VASANTH NAGAR, BANGALORE REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BANGALORE. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ENDORSEMENT GPS/SA/425/2025 DATED 09.04.2026 ISSUED BY RESPONDENT NO.1, PRODUCED AS ANNEXURE-C, AS BEING ARBITRARY, ILLEGAL AND UNSUSTAINABLE IN LAW AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR CNR: KAHC010445612026 NC: 2026:KHC:37556 WP No. 20081 of 2026 ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: a) Issue a writ of certiorari or any other appropriate writ, order or direction, quashing the endorsement GPS/SA/425/2025 dated 09.04.2026 issued by Respondent No.1, produced as Annexure- C, as being arbitrary, illegal and unsustainable in law; b) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the Respondents to provide adequate security protection to the petitioner, including deployment of armed police personnel (gunmen), considering the prevailing threat perception and in the interest of justice and equity. c) Grant all consequential orders and pass such other order or orders as the case may be, in the interest of justice and equity. 2. Alleging that there is a threat to the life and liberty of the petitioner inasmuch as the petitioner being an accused in Special CC No.2348/2026, the relatives of the deceased in the said matter are inimically disposed to the petitioner in pursuance of which, the CCB, Bangalore City Police has registered a proceeding in Crime No.824/2026, the petitioner is before this Court seeking for the aforesaid reliefs. 3. A threat perception report had been submitted stating that since the petitioner was not residing at - 4 - HC-KAR CNR: KAHC010445612026 NC: 2026:KHC:37556 WP No. 20081 of 2026 the address furnished, an analysis of the threat perception could not be carried out. It is challenging the same, petitioner is before this Court seeking for the aforesaid reliefs. 4. The threat perception report cannot be only on the basis of whether the petitioner is residing in that location or not. The threat perception report would have to be prepared on the basis of the threat from and around not only the neighbourhood but from the general society to the life of the petitioner. Hence the endorsement restricting itself to the residency of the petitioner would not be sufficient. In that view of the matter, this Court passes following: ORDER i) The Writ Petition is partly allowed. ii) A certiorari is issued, the endorsement dated 09.04.2026 is issued by respondent no. 1 at Annexure-C is quashed. iii) Respondent no.3 is directed to cause a proper threat perception report to be prepared by taking into consideration all relevant factors and then pass such orders as may be permissible under law within a period of two weeks from today. - 5 - HC-KAR CNR: KAHC010445612026 NC: 2026:KHC:37556 WP No. 20081 of 2026 iv) The respondents could contact the petitioner at the email ID and mobile number as furnished in the representation. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 2 Sl No.: 5