Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 39414 (KAR)

SRI BALAMANJUNATHA SWAMIJI v. THE STATE OF KARNATAKA

WP/8982/2026 · 2026-09-10

C M Poonacha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010200182026 NC: 2026:KHC:49426 WP No. 8982 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 8982 OF 2026 (GM-POLICE) BETWEEN: SRI BALAMANJUNATHA SWAMIJI S/O NANJAPPA AGED ABOUT 36 YEARS MKATADIPATHI SRI VIDYA CHOWDESHWARI MUTT HANGARAHALLI BENCHAKALLU ROAD HKULIYURUDURGA HOBLI KUNIGAL TALUK TUKMKURU DISTRICT 572123 …PETITIONER (BY SRI. VINOD KUMAR M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS CHILEF SECRETARY VIDHANA SOUDHA DR AMBEDKAR VEEDHI BENGALURU 560001 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE KARNATAKA STATE POLICE HEADQUARTERS NRUPATUNGA ROAD BENGALURU 560001 3. THE SUPERINTENDENT OF POLICE TUMKURU DISTRICT TUMKURU KARNATAKA Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010200182026 NC: 2026:KHC:49426 WP No. 8982 of 2026 4. THE STATION HOUSE OFFICER AMRUTHUR POLICE STATION KUNIGAL TALUK TUMKURU DISTRICT KARNATAKA …RESPONDENTS (BY SRI. HARISHA A S, AGA FOR R1 TO R4 SRI. VENKATESH P DALWAI, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED NOTICE, DATED 08.03.2026, BEARING NO. E/CC/103/2026 ISSUED BY RESPONDENT NO. 4 PRODUCED AT ANNEXURE C, RELATED TO ALLEGED CIVIL FINANCIAL DISPUTE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed seeking for the following reliefs: 1. Issue a Writ of Certiorari or any other appropriate writ, order or direction quashing the impugned notice, dated 08.03.2026, bearing No.E/CC/103/2026 issued by Respondent No.4 produced at Annexure C, related to alleged civil financial dispute. 2. Issue a Writ of Prohibition or any other appropriate writ, order or direction restraining the Respondents from interfering in the purely civil and financial dispute and from harassing the petitioner. 3. Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice, equity, and good conscience." Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010200182026 NC: 2026:KHC:49426 WP No. 8982 of 2026 2. The petitioner is aggrieved by the notice dated 08.03.2026 (Annexure C to the Writ Petition) requiring the personal presence of the petitioner. The said notice/intimation dated 08.03.2026 has been issued by the concerned authorities consequent to a complaint filed by the proposed respondent No.5. 3. It is the contention of the learned counsel of the petitioner that even a copy of the said complaint lodged by respondent No.5 was not enclosed with the notice dated 08.03.2026 and only a summary of the allegations have been mentioned in the said notice dated 08.03.2026. However, it is submitted that a copy of the complaint has been annexed along with IA.No2/2026 for impleading that is filed by the proposed respondent No.5. It is the contention of the petitioner that the allegations of the proposed respondent No.5 are purely civil in nature. 4. At the present stage, which is at the threshold of the initiation of proceedings, it is expedient that adjudication as to whether the allegations are purely civil in nature is not undertaken by this Court in the present proceedings. It shall be open to the petitioner to respond to the notice/intimation dated 08.03.2026 as well as the allegations made in the complaint dated 17.02.2026 (copy Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010200182026 NC: 2026:KHC:49426 WP No. 8982 of 2026 of which is annexed as Annexure-R1 to IA.No.2/2026) to the concerned authorities. Consequent to the response of the petitioner, it shall be open to the concerned authorities to conduct further proceedings in accordance with law. For the present, until the response of the petitioner is furnished to the intimation and complaint dated 17.02.2026, the requirement of the petitioner appearing before the concerned authorities pursuant to the intimation dated 08.03.2026 is dispensed with. 5. The writ petition is disposed of in the aforementioned terms. 6. Needless to state that the respective parties shall co-operate with the concerned authorities for the process to be undertaken in accordance with law. 7. All rights and contentions of the parties on the merits of the matter are kept open. 8. Pending IAs., if any, stand disposed of. (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 75 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA