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2026 DAILYLAW 37003 (KAR)

SRI SACHIN KUKMAR M I v. THE PRL SECRETARY

WP/25723/2026 · 2026-08-24

Suraj Govindaraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010561032026 NC: 2026:KHC:45882 WP No. 25723 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25723 OF 2026 (GM-POLICE) BETWEEN: SRI SACHIN KUKMAR M.I. S/O INDUDHARA M. S., AGED ABOUT 32 YEARS, R/AT NO. 6, NIKUNJA, SAI SAMRUDDHI LAYOUT, BASAVANAPURA, BENGALURU-560 083 …PETITIONER (BY SRI. KUMAR S., ADVOCATE) AND: 1. THE PRL. SECRETARY HOME DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU - 560 001 2. THE POLICE COMMISSIONER, BENGALURU CITY, INFANTRY ROAD, BENGALURU - 560 001 3. THE DEPUTY COMMISSIONER OF POLICE BENGALURU SOUTH, BENGALURU - 560 001 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010561032026 NC: 2026:KHC:45882 WP No. 25723 of 2026 4. THE INSPECTOR OF POLICE, KORAMANGALA POLICE STATION, BENGALURU CITY - 560 095 5. M/S LAVISH HOLIDAY PRIVATE LIMITED A COMPANY REGISTERED UNDER COMPANIES ACT, REPRESENTED BY ITS DIRECTOR FLAT NO. 208, 3RD FLOOR, SRI SHARADA, 17TH E MAIN, 5TH BLOCK, KHB COLONY, KORAMANGALA, BENGALURU - 560 095 …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE RESPONDENT NO.4 TO CONSIDER THE PETITIONERS COMPLAINT EFFECTIVELY MADE ON 10.06.2026, TO REGISTER THE FIR AGAINST THE PROPOSED ACCUSED/ THE RESPONDENT NO. 5, AS PER COMPLAINT FOR THE OFFENCE PUNISHABLE UNDER SECTION 318(1), 318(2), 318(3), 318(4), 351(1) AND 352 OF BHARATIYA NYAYA SANHITA, 2023, WHICH IS AT ANNEXURE-B TO THE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR CNR: KAHC010561032026 NC: 2026:KHC:45882 WP No. 25723 of 2026 ORAL ORDER 1. Learned AGA accepts notice to respondent nos.1 to 4. 2. Notice to respondent no.5 is dispensed with in view of the proposed order to be passed. 3. Petitioner is before the Court seeking for the following reliefs: a) Issue a Writ of Mandamus to direct the Respondent No.4 to consider the petitioner's compliant effectively made on 10.06.2026, to register the FIR against the proposed accused/the Respondent No.5, as per complaint for the offence punishable under section 318(1), 318(2), 318(3), 318(4), 351(1) and 352 of Bharatiya Nyaya Sanhita, 2023, which is at Annexure-B to the writ petition. b) Grant such other reliefs as the facts and circumstances of the case may deem fit. 4. The grievance of the petitioner is that the complaint which had been submitted by the petitioner alleging that respondent no.5 had induced the petitioner to invest in a holiday scheme has not been considered and necessarily FIR registered. 5. A perusal of the complaint would indicate that the offences which have been alleged are non- congnizable offences. That being so, it would always be available for the petitioner to escalate the same to - 4 - HC-KAR CNR: KAHC010561032026 NC: 2026:KHC:45882 WP No. 25723 of 2026 the next superior officer, and even if then action is not taken, to file a police complaint in terms of the decision of the Hon'ble Apex Court in the case of Priyanka Srivastava & Another vs. State of Uttar Pradesh & Others reported in (2015) 6 SCC 287. 6. Reserving such liberty, the petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 6