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2026 DAILYLAW 30705 (KAR)

SRI JAYANNA v. THE PRINCIPAL SECRETARY

WA/180/2026 · 2026-07-21

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010052352026 NC: 2026:KHC:37460-DB WA No. 180 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO. 180 OF 2026 (GM-RES) BETWEEN: 1. SRI JAYANNA S/O. LATE GURUMURTHAPPA AGED ABOUT 51 YEARS OWNER OF WATER TANKER R/AT ASHOK KHENI LAYOUT MADAVARA VILLAGE DASANAPURA HOBLI BENGALURU - 560 073 …APPELLANT (BY SRI SHIVSHANKER, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY DEPARTMENT OF HOME AFFAIRS VIDHAN SOUDHA REP. BY ITS PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE (DG AND IGP) STATE OF KARNATAKA NRUPUTHUNGA ROAD REP BY ITS PUBLIC PROSECUTOR Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010052352026 NC: 2026:KHC:37460-DB WA No. 180 of 2026 HIGH COURT COMPLEX BENGALURU - 560 001 3. THE SUPERINTENDENT OF POLICE BANGALORE RURAL DISTRICT CUNNINGHAM ROAD BENGALURU REP BY ITS PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001 4. THE DEPUTY SUPERINTENDENT OF POLICE BANGALORE RURAL DISTRICT CUNNINGHAM ROAD BENGALURU REP BY ITS PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001 5. THE POLICE INSPECTOR MADANAYAKANAHALLI POLICE STATION BENGALURU RURAL DISTRICT REP. BY ITS PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001 6. DEPUTY SUPERINTENDENT OF POLICE OFFICE OF NELAMANGALA SUB DIVISION NELAMANGALA - 562 123 REP. BY ITS PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001 …RESPONDENTS (BY SMT. NAMITHA MAHESH B.G., AGA) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER OF THE LEARNED SINGLE JUDGE PASSED ON 10/11/2025 IN WRIT PETITION NO.18580/2025 (GM-RES) AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010052352026 NC: 2026:KHC:37460-DB WA No. 180 of 2026 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal impugning an order dated 10.11.2025 passed by the learned Single Judge of this Court in Writ Petition No.18580/2025 (GM-RES). The appellant had filed the said petition under Articles 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita [BNSS]. 2. The appellant had essentially sought a prayer directing the respondents to consider the matter of transferring the investigation to authority such as CBI or CID or any other independent agency in Special CC No.903/2021 arising from Crime No.427/2021 which was pending before the II Additional District and Sessions Judge, Bengaluru Rural District. 3. As rightly pointed out by the learned Additional Government Advocate, since the present appeal is from an order rejecting the petition under Section 528 of BNSS, which is pari materia with - 4 - HC-KAR CNR: KAHC010052352026 NC: 2026:KHC:37460-DB WA No. 180 of 2026 Section 482 of the Criminal Procedure Code, 1973, the present appeal would not be maintainable. 4. The appeal is, accordingly, disposed of. 5. Pending applications also stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE AHB List No.: 2 Sl No.: 29