- 1 - HC-KAR CNR: KAHC010595342026 NC: 2026:KHC:47057 WP No. 27125 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 27125 OF 2026 (GM-POLICE) BETWEEN: 1. SRI SURESH AGED ABOUT 76 YEARS, S/O LATE SRI NARAYAN, NO.33, YELLAMMA TEMPLE, KENGERI, BANGALORE-560 008. … PETITIONER (BY SRI. C M NAGABUSHANA., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER OF POLICE SOUTH WEST DIVISION, BANGALORE CITY, JNNABHARATHI, BANGALORE-560 056. 2. STATE BY KARNATAKA, BY KUMBALAGUDU POLICE STATION, KENGERI SUB-DIVISION, BANGALORE-560 056. … RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT POLICE AUTHORITY TO CONSIDER THE REPRESENTATION DTD. 20.07.2026 FILED BY THE PETITIONER (ANNEXURE-K) GIVE PROTECTION TO THE SCHEDULE PROPERTY IN SO FAR AS THE PETITIONER'S SCHEDULE PROPERTY IS CONCERNED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010595342026 NC: 2026:KHC:47057 WP No. 27125 of 2026 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accept notice for respondents. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue Writ of Mandamus directing the Respondent Police Authority to consider the representation dated 20.07.2026 filed by the petitioner (ANNEXURE-K), give protection to the schedule property in so far as the Petitioner's schedule property is concerned, in the interest of justice and equity and; b. Pass any other Order as this Hon'ble Court deems fit in the facts and circumstances of the present case, including but not limited to the cost of the Writ Petition, in the interest of justice and equity. 3. A suit had been filed against the petitioner seeking for injunction in OS No.451 of 2026 before the 29th Additional City Civil and Sessions Judge, Bengaluru. An application IA No.1 having been filed by the plaintiff-therein for injunction restraining the petitioner who was the defendant-therein from interfering with the peaceful possession and enjoyment of the suit scheduled property. The said application came to be rejected with a categorical finding that the petitioner who was defendant-therein - 3 - HC-KAR CNR: KAHC010595342026 NC: 2026:KHC:47057 WP No. 27125 of 2026 has a title over the property by considering the documents in relation thereto. 4. In pursuance thereof, the petitioner approached respondent No.1 seeking for police protection on the basis of the finding in the order dated 26.03.2026 on IA No.1 in OS No.451 of 2026, contending that the said request has not been accepted, the petitioner is before this Court seeking for the aforesaid reliefs. 5. The order dated 26.03.2026 is only an order rejecting the application for injunction on various grounds as stated therein. There is no particular order passed by the said Court directing police protection to be afforded to the petitioner in respect of any of the aspects. Therefore, in the absence of such an order being passed by the trial Court, unless there is an emergency which is established by respondent No.1, no fault could be found with respondent No.1 in not providing police protection. 6. It is always available to the petitioner though a defendant in OS No.451 of 2026 to file necessary application for police protection and if such police protection were to be ordered by the Court seized of OS No.451 of 2026, respondent No.1 would necessarily have to comply with such directions. - 4 - HC-KAR CNR: KAHC010595342026 NC: 2026:KHC:47057 WP No. 27125 of 2026 7. With the above liberty being reserved and the observation made, the writ petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 36