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2026 DAILYLAW 3384 (KAR)

SRI ELEMALLAIAH v. THE STATE GOVERNMENT OF KARNATAKA

WP/38766/2025 · 2026-04-07

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:19847 WP No. 38766 of 2025 C/W WP No. 38751 of 2025 WP No. 38753 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 38766 OF 2025 (GM-RES) C/W WRIT PETITION NO. 38751 OF 2025 (GM-RES) WRIT PETITION NO. 38753 OF 2025 (GM-RES) IN WP No. 38766/2025 BETWEEN: 1. SRI. ELEMALLAIAH, S/O LATE Y NANJAPPA, AGED ABOUT 62 YEARS, RESIDING AT DRONAKUNTE VILLAGE, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT – 561 210. 2. SMT. RUKMINAMMA, W/O SRI ELE MALLAIAH, AGED ABOUT 58 YEARS, RESIDING AT DRONAKUNTE VILLAGE, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT – 561 210. 3. SRI. MUTHURAJU D.A., S/O. SRI ELE MALLAIAH, AGED ABOUT 31 YEARS, RESIDING AT 11TH MAIN ROAD 3RD STAGE, MANJUNATH NAGAR, BASVESHVARNAGAR BANGALORE – 561 210. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19847 WP No. 38766 of 2025 C/W WP No. 38751 of 2025 WP No. 38753 of 2025 4. SRI. GANGARAJU D.A, S/O SRI ELE MALLAIAH, AGED ABOUT 29 YEARS, RESIDING AT DRONAKUNTE VILLAGE, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT – 561 210. 5. SMT. KALPANA, D/O ELEMALLAIAH AGED ABOUT 33 YEARS, RESIDING AT DRONAKUNTE VILLAGE, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT – 561 210. …PETITIONERS (BY SRI. CHANDAN R, ADVOCATE) AND: 1. THE STATE GOVERNMENT OF KARNATAKA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME AND INTERNAL AFFAIRS, ROOM NO. 222, 2ND FLOOR, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE STATE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME AND INTERNAL AFFAIRS, ROOM NO. 219, 2ND FLOOR, VIDHANA SOUDHA, BENGALURU - 560 001. 3. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE KARNATAKA STATE POLICE HEADQUARTERS, - 3 - HC-KAR NC: 2026:KHC:19847 WP No. 38766 of 2025 C/W WP No. 38751 of 2025 WP No. 38753 of 2025 NO.2, NRUPATHUNGA ROAD, BENGALURU - 560 001. 4. THE SUPERINTENDENT OF POLICE CHIKKABALLAPURA DISTRICT, ANAKUR VILLAGE, CHIKKABALLAPURA - 562 101. 5. THE CIRCLE INSPECTOR OF POLICE GOWRIBIDANUR CIRCLE, GOWRIBIDANUR - 561 208. 6. THE SUB-INSPECTOR OF POLICE GOWRIBIDANUR RURAL POLICE STATION, GOWRIBIDANUR - 561 208. 7. SRI. MYLARAPPA.M, S/O LATE MALLAIAH AGED ABOUT 56 YEARS, OCCUPATION: FARMER, RESIDING AT DRONAKUNTE VILLAGE, KURUDI POST, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT – 561 210. 8. THE ASSISTANT DIRECTOR LAND RECORDS (ADLR) GAURIBIDANUR TALUK GAURIBIDANUR - 561 208. 9. SRI. R. MANJUNATHA TALUK SURVEYOR, GAURIBIDANUR TALUK GAURIBIDANUR - 561 208. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1 TO R6, R8 & R9; SRI. SATHISHA V, ADVOCATE FOR R7) - 4 - HC-KAR NC: 2026:KHC:19847 WP No. 38766 of 2025 C/W WP No. 38751 of 2025 WP No. 38753 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BHARATIYA NAGARIKA SURAKSHA SANHITA, 2023, PRAYING TO ALLOW THIS WRIT PETITION AND QUASH THE COMPLAINT, FIR AND ALL FURTHER PROCEEDINGS IN CRIME NO.316/2025, REGISTERED AT GOWRIBIDANUR RURAL POLICE STATION, CHIKKABALLAPURA DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 126(2), 329(3), 351(2), 352 READ WITH SECTION 3(5) OF THE BHARATIYA NAGARIKA SURAKSHA SANHITA, 2023, NOW PENDING BEFORE THE ADDITIONAL CIVIL JUDGE (JR. DN.) AND JMFC, GOWRIBIDANUR AND ETC., IN WP NO. 38751/2025 BETWEEN: 1. SMT. RUKMINAMMA W/O SRI. ELE MALLALAH, AGED ABOUT 58 YEARS, RESIDING AT DRONAKUNTE VILLAGE, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT – 561 210. 2. SRI. ELEMALLAIAH S/O. LATE Y NANJAPPA, AGED ABOUT 62 YEARS, RESIDING AT DRONAKUNTE VILLAGE, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT – 561 210. 3. SRI MUTHURAJU D.A., S/O SRI ELE MALLALAH, - 5 - HC-KAR NC: 2026:KHC:19847 WP No. 38766 of 2025 C/W WP No. 38751 of 2025 WP No. 38753 of 2025 AGED ABOUT 31 YEARS, RESIDING AT DRONAKUNTE VILLAGE, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT – 561 210. 4. SRI. GANGARAJU D.A., S/O SRI. ELE MALLAIAH, AGED ABOUT 29 YEARS, RESIDING AT DRONAKUNTE VILLAGE, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT – 561 210. 5. SMT. KALPANA S/O ELE MALLAIAH, RESIDING AT DRONAKUNTE VILLAGE, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT – 561 210. ...PETITIONERS (BY SRI. CHANDAN R, ADVOCATE) AND: 1. THE STATE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME AND INTERNAL AFFAIRS, ROOM NO. 222, 2ND FLOOR, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE STATE GOVERNMENT OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME AND INTERNAL AFFAIRS, ROOM NO. 219, 2ND FLOOR, VIDHANA SOUDHA, BENGALURU - 560 001. 3. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, KARNATAKA STATE POLICE HEADQUARTERS, - 6 - HC-KAR NC: 2026:KHC:19847 WP No. 38766 of 2025 C/W WP No. 38751 of 2025 WP No. 38753 of 2025 NO.2, NRUPATHUNGA ROAD, BENGALURU - 560 001. 4. THE SUPERINTENDENT OF POLICE, CHIKKABALLAPURA DISTRICT, ANAKUR VILLAGE, CHIKKABALLAPURA - 562 101. 5. THE CIRCLE INSPECTOR OF POLICE, GOWRIBIDANUR CIRCLE, GOWRIBIDANUR - 561 208. 6. SRI. RAMESH GUGGARI THE SUB-INSPECTOR OF POLICE, GOWRIBIDANUR RURAL POLICE STATION, GOWRIBIDANUR - 561 208. 7. SMT. RATHNAMMA.J.M W/O SRI ADHINARAYANAGOWDA AGED ABOUT 32 YEARS, OCCUPATION: HOUSE WIFE RESIDING AT: DRONAKUNTE VILLAGE, KURUDI POST, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT – 561 210. 8. THE ASSISTANT DIRECTOR LAND RECORDS (ADLR) GAURIBIDANUR TALUK GAURIBIDANUR - 561 208. 9. SRI. R. MANJUNATHA TALUK SURVEYOR GAURIBIDANUR TALUK GAURIBIDANUR - 561 208. ...RESPONDENTS - 7 - HC-KAR NC: 2026:KHC:19847 WP No. 38766 of 2025 C/W WP No. 38751 of 2025 WP No. 38753 of 2025 (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1 TO R5 & R8) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BHARATIYA NAGARIKA SURAKSHA SANHITA, 2023, PRAYING TO ALLOW THIS WRIT PETITION AND QUASH THE COMPLAINT, FIR AND ALL FURTHER PROCEEDINGS IN CRIME NO. 313/2025, REGISTERED AT GOWRIBIDANUR RURAL POLICE STATION, CHIKKABALLAPURA DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 118(1), 352, 74, 76, 190 READ WITH SECTION 3(5) OF THE BHARATIYA NAGARIKA SURAKSHA SANHITA, 2023, NOW PENDING BEFORE THE ADDITIONAL CIVIL JUDGE (JR. DN.) AND JMFC, GOWRIBIDANUR AND ETC., IN WP NO. 38753/2025 BETWEEN: 1. SRI. GANGARAJU D A S/O SRI ELEMALLAIAH, AGED ABOUT 29 YEARS, RESIDING AT DRONAKUNTE VILLAGE, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT – 561 210. 2. SRI. MUTHURAJU D.A., S/O SRI ELEMALLAIAH, AGED ABOUT 31 YEARS, RESIDING 11TH MAIN, 3RD STAGE MANJUNATHA NAGARA, BASAVESHWARA NAGARA, BANGALORE – 560 079. 3. SMT. RUKMINAMMA, W/O SRI ELEMALLAIAH, AGED ABOUT 58 YEARS, - 8 - HC-KAR NC: 2026:KHC:19847 WP No. 38766 of 2025 C/W WP No. 38751 of 2025 WP No. 38753 of 2025 RESIDING AT DRONAKUNTE VILLAGE, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT - 561210 . ...PETITIONERS (BY SRI. CHANDAN R, ADVOCATE) AND: 1. THE STATE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME AND INTERNAL AFFAIRS, ROOM NO. 222, 2ND FLOOR, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE STATE GOVERNMENT OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME AND INTERNAL AFFAIRS, ROOM NO. 219, 2ND FLOOR, VIDHANA SOUDHA, BENGALURU - 560 001. 3. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, KARNATAKA STATE POLICE HEADQUARTERS, NO.2, NRUPATHUNGA ROAD, BENGALURU - 560 001. 4. THE SUPERINTENDENT OF POLICE, CHIKKABALLAPURA DISTRICT, ANAKUR VILLAGE, CHIKKABALLAPURA - 562 101. 5. THE CIRCLE INSPECTOR OF POLICE, GOWRIBIDANUR CIRCLE, GOWRIBIDANUR - 561 208. - 9 - HC-KAR NC: 2026:KHC:19847 WP No. 38766 of 2025 C/W WP No. 38751 of 2025 WP No. 38753 of 2025 6. SRI. RAMESH GUGGARI THE SUB-INSPECTOR OF POLICE, GOWRIBIDANUR RURAL POLICE STATION, GOWRIBIDANUR - 561 208. 7. SRI HARISH D.M., S/O SRI. MYLARAPPA, AGED ABOUT 35 YEARS, OCCUPATION: SELF-EMPLOYED, RESIDING AT DRONAKUNTE VILLAGE, KURUDI POST, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT – 561 210. 8. THE ASSISTANT DIRECTOR LAND RECORDS (ADLR) GAURIBIDANUR TALUK GAURIBIDANUR - 561 208. 9. SRI. R. MANJUNATHA TALUK SURVEYOR GAURIBIDANUR TALUK GAURIBIDANUR - 561 208. ...RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1 TO R6, R8 AND R9; SRI. KUMAR DYAVAPATNA, ADVOCATE FOR R7) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BHARATIYA NAGARIKA SURAKSHA SANHITA, 2023, PRAYING TO ALLOW THIS WRIT PETITION AND QUASH THE COMPLAINT, FIR IN CRIME NO.301/2025, REGISTERED AT GOWRIBIDANUR RURAL POLICE STATION, CHIKKABALLAPURA DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 329(4), 324(4), 115(2), 351(2) READ WITH SECTION 3(5) OF THE BHARATIYA NAGARIKA SURAKSHA SANHITA, 2023 AND ETC., - 10 - HC-KAR NC: 2026:KHC:19847 WP No. 38766 of 2025 C/W WP No. 38751 of 2025 WP No. 38753 of 2025 THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel appearing for the petitioners files a memo seeking withdrawal of the Writ Petitions. The memo so filed reads as follows: "The counsel for the petitioners respectfully submits that the jurisdictional police in the aforementioned petition have filed the chargesheet/Final report before the learned trial court, in that regard the petitioners seeks leave of this Hon'ble court to withdraw the aforementioned petition and permit he petitioners to challenge the chargesheet/Final report, in the interest of justice and equity." In terms of memo, the Writ Petitions are disposed as withdrawn. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 119