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2026 DAILYLAW 34109 (KAR)

SWARNAMBHA N v. THE STATE OF KARNATAKA

WP/22523/2026 · 2026-08-07

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010496412026 NC: 2026:KHC:41960 WP No. 22523 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 22523 OF 2026 (GM-POLICE) BETWEEN: SWARNAMBHA N W/O RAJU S BEDAGARU, AGED ABOUT 40 YEARS, R/AT DEVAGODU VILLAGE, HERURU POST, KOPPA TALUK, CHIKKAMAGALURU DIST 577101. …PETITIONER (BY SRI. GIRISH B BALADARE.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA HOME DEPARTMENT, REPRESENTED BY SECRETARY, VIDHANASOUDHA, BANGALORE-560001. 2. THE DIRECTOR GENERAL OF POLICE, STATE POLICE, HEADQUARTERS NO.2, NRUPATHUNGA ROAD, SAMPANGIRAM NAGAR, OPPOSITE MARTHA'S HOSPITAL, BANGALORE-56001 3. THE SUPERINTEND OF POLICE, CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU - 577 101. 4. THE SUB-INSPECTOR OF POLICE, BALEHONNUR POLICE, CHIKKAMAGALURU DISTRICT, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010496412026 NC: 2026:KHC:41960 WP No. 22523 of 2026 CHIKKAMAGALURU - 577 101. 5. THE STATION HOUSE OFFICER, BALEHONNUR POLICE STATION, BALEHONNUR, CHIKKAMAGALURU DIST- 577 101 …RESPONDENTS (BY SMT. SARITHA KULKARNI., AGA FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTILCES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI FOR QUASHING THE ENDORSEMENT DATED 23.06.2026 BEARING NO. BHR/PS/L/PET/18/2026 ISSUED BY THE SUB-INSPECTOR OF POLICE, BALEHONNUR POLICE, CHIKKAMAGALURU DISTRICT AS PER ANNEXURE L CONSEQUENTLY ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO. 3 I.E., SUPERINTENDENT OF POLICE, CHIKKAMAGALURU DIST, CHIKKAMAGALURU TO CONSIDER THE REPRESENTATION DATED 17.6.2026 GIVEN BY THE PETITIONER AS PER ANNEXURE-K BY ALLOWING THIS PETITION IN THE INTEREST OF JUSTICE AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: a) Issue writ, order, or direction in the nature of certiorari for quashing the endorsement dated 23.06.2026 bearing No. BHR/PS/L/PET/18/2026 issued by the Sub-Inspector of Police, Balehonnur Police, Chikkamagaluru District as per ANNEXURE "L" consequently issue writ of mandamus directing the Respondent No. 3 i.e., Superintendent of Police, - 3 - HC-KAR CNR: KAHC010496412026 NC: 2026:KHC:41960 WP No. 22523 of 2026 consider the Chikkamagaluru Dist, Chikkamagaluru to representation dated 17.6.2026 given by the petitioner as per ANNEXURE-"K" by allowing this petition in the interest of justice. b) Issue any other writ, order or direction, which this Hon'ble court may deem fit and proper in the circumstances of the case. 2. The grievance of the petitioner is that the complaint made by the petitioner of theft of arecanut and coffee berries from the property of the petitioner in Survey No.207/1 of Devagodu Village, Megunda Hobli, Koppa Taluk had not been investigated and without proper investigation, an endorsement dated 23.06.2026 had been issued stating that the disputes are civil in nature. 3. In that background, learned AGA was called upon to obtain instruction and make his submission as to on what basis it has been contended that the disputes are civil in nature since no reasons had been provided in the said endorsement. 4. Today learned AGA has filed a memo along with certain documents. By referring to the survey sketch produced along with the said document, she submits that the alleged theft has occurred in Survey No.154 which is a government property and not in Survey - 4 - HC-KAR CNR: KAHC010496412026 NC: 2026:KHC:41960 WP No. 22523 of 2026 No.207 belonging to the petitioner. She also refers to a letter addressed by the Station House Officer to the Deputy Superintendent of Police on 10.12.2024, wherein it is stated that there is a certain dispute between the petitioner and one Mr.Ananth Padmanabha Hegde and it is in that background that a request had been made to close the complaint. All the three documents, namely the endorsement which has been challenged in this proceeding, the survey sketch and thirdly, the letter give three different reasons. The endorsement indicating that the dispute is civil in nature. The letter indicating that the petitioner has certain other dispute with one Mr. Anand Padmanabha Hegde and the survey sketch indicating that the theft did not happen in the property of the petitioner but in a government property. These three different reasons and three different documents do not inspire any confidence. Let alone do they offer any reason for the closure of the complaint filed by the petitioner without proper investigation. 5. In that view of the matter, this Court passes the following: ORDER i) The Writ petition is allowed. - 5 - HC-KAR CNR: KAHC010496412026 NC: 2026:KHC:41960 WP No. 22523 of 2026 ii) The endorsement dated 23.06.2026 bearing No.BHR/PS/L/PET/18/2026 issued by Sub- Inspector of Police, Balehonnur Police, Chikkamagaluru District at Annexure-L is quashed. iii) The Superintendent of Police, Chikkamagaluru - respondent no.3 is directed to get the complaint of the petitioner registered and cause investigation therein by an Investigating Officer other than that of the Balehonnur Police Station as expeditiously as possible. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 45