- 1 - HC-KAR CNR: KAHC010589312026 NC: 2026:KHC:48060 WP No. 26676 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 26676 OF 2026 (GM-POLICE) BETWEEN: SRI. KAMAL S/O. SUNDARAM NAIDU RAJAN, AGED ABOUT 43 YEARS, R/AT NO.403, PEARL SYMPHONY 1, PROFESSOR COLONY, LAF ROAD, TAMBARAM EAST, KANCHEEPURAM, TAMIL NADU-600059, NOW AT BANGALORE …PETITIONER (BY MISS. ANN MARY TOMY., ADVOCATE FOR SRI. NITIN A M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER OF POLICE, SOUTH-EAST DIVISION, BENGALURU CITY, BENGALURU - 560 095 3. THE ASSISTANT COMMISSIONER OF POLICE, MADIVALA SUB-DIVISION, BENGALURU CITY, BENGALURU - 560 068 4. THE STATION HOUSE OFFICER, KORAMANGALA POLICE STATION, BENGALURU CITY - 560 095 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010589312026 NC: 2026:KHC:48060 WP No. 26676 of 2026 5. SRI. KIRAN LAKKALAPUDI, S/O. SUBRAMANYAM NAIDU L., AGED ABOUT 38 YEARS, R/AT NO.168, GROUND FLOOR, 2ND CROSS, NEAR GANESH TEMPLE, MUNIYAPPA LAYOUT, G.B. PALYA, BOMMANAHALLI, BENGALURU - 560 068. …RESPONDENTS (BY SRI. PANINI.A.H., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE ENDORSEMENT DATED 17.07.2026 ISSUED BY RESPONDENT NO.4, PRODUCED AS ANNEXURE-J 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. Learned AGA accepts notice for respondents No.1 to 4. 2. Notice to respondent No.5 is dispensed with in view of the proposed order to be passed. 3. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of Certiorari or any other appropriate writ, order or direction quashing the Endorsement dated 17.07.2026 issued by Respondent No.4, produced as ANNEXURE-J; No.G4/PSDPR/368/2026. b. Issue a writ of Mandamus directing Respondent No.4, the Station House Officer, Koramangala - 3 - HC-KAR CNR: KAHC010589312026 NC: 2026:KHC:48060 WP No. 26676 of 2026 Police Station, Bengaluru, to register a First Information Report against Respondent No.5 under Sections 329(3), 324(5) and 351 of the Bharatiya Nyaya Sanhita, 2023, based on the Petitioner's complaints dated 30.06.2026 and 04.07.2026, produced as ANNEXURE-A1 and ANNEXURE-B, respectively, and to conduct investigation in accordance with law; and c. Pass such other order or orders as this Hon’ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity. 4. The petitioner claims that, through his counsel, he lodged a complaint before the jurisdictional police on 30.06.2026, alleging that respondent No.5 had vandalized the petitioner's property, wherein tenants are carrying on their business, and had called upon the said tenants to vacate the premises as also respondent No.5 had painted the words “O.S. No.4000 of 2026” on the walls of the property. The respondent-police, however, issued an endorsement stating that the dispute is civil in nature and, therefore, criminal proceedings cannot be continued. It is in that background that the petitioner is before this Court seeking the aforesaid reliefs. 5. The alleged vandalization is on account of the writing on the walls that “OS 4000 of 2026” is pending. The said OS No.4000 of 2026 has been filed by respondent No.5 against the petitioner, where an - 4 - HC-KAR CNR: KAHC010589312026 NC: 2026:KHC:48060 WP No. 26676 of 2026 order of injunction restraining the petitioner from alienating the property has been passed. 6. The contention of the learned counsel for the petitioner is that despite the said order respondent No.5 could not have entered the premises and vandalized the premises by painting the number of the suit. 7. Even if that be so, the suit admittedly being pending as regard the very same property it is for the petitioner to have filed necessary application in the pending suit seeking for such appropriate relief as the petitioner is entitled for. A criminal complaint when a civil suit is pending as regard to the very same property would not be maintainable. 8. No infirmity can be found in the endorsement issued by the jurisdictional police, wherein it has been stated that the dispute between the parties is civil in nature. 9. Reserving liberty to the petitioner to file necessary application in the pending suit, petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 12