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2026 DAILYLAW 39881 (KAR)

KEMPEGOWDA A B v. THE SUB INSPECTOR OF POLICE

WP/5264/2023 · 2026-09-07

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010118892023 NC: 2026:KHC:48456 WP No. 5264 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION NO.5264 OF 2023 (GM-RES) BETWEEN: 1. KEMPEGOWDA A B S/O THIBBEGOWDA, AGED ABOUT 46 YEARS, R/AT NO.9/1, 1ST FLOOR, TRIPURA VASINI NILAYA, 1ST CROSS, KEMPANNA GARDEN, DODDA BOMMASANDRA, VIDYARANYAPURA PO, BENGALURU-97 2. RAVI A B S/O THIBBEGOWDA AGED ABOUT 40 YEARS, R/AT FLAT NO.711, VARCHAND HIRACHAND BUILDING, 3RD FLOOR, HAL QUARTERS, MARUTHALLI, BENGALURU-37 …PETITIONERS (BY SRI. ARVIND.N FOR SRI MOHANKUMARA D, ADVOCATES) AND: 1. THE SUB-INSPECTOR OF POLICE HALASURU TRAFFIC POLICE STATION, HALASURU, BENGALURU-560 008. 2. THE CID OFFICE, BENGALURU Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010118892023 NC: 2026:KHC:48456 WP No. 5264 of 2023 ADDRESS NO.1, DR.A KRISHNA RAO ROAD, AMBEDKAR VEEDHI, SAMPANGI, RAMA NAGAR, BENGALURU-560 001. …RESPONDENTS (BY SMT.WAHEEDA.M.M, HIGH COURT GOVERNMENT PLEADER) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO CONDUCT FRESH INVESTIGATION IN CRIME NO.15/2022 DATED 20/02/2022 REGISTERED BY THE RESPONDENT HALASURU TRAFFIC POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 134(A AND B). 187 OF INDIAN MOTOR VEHICLES ACT, 1988 AND SECTION 279, 337 OF INDIAN PENAL CODE VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri Aravind N., learned counsel appearing on behalf of Sri Mohankumara D., counsel for the petitioner and Smt. Waheeda M.M., learned High Court Government Pleader for the respondent No.1. - 3 - HC-KAR CNR: KAHC010118892023 NC: 2026:KHC:48456 WP No. 5264 of 2023 2. This writ petition is filed under Article 226 and 227 of the Constitution of India r/w Section 482 of Code of Criminal Procedure with the following prayer: “a). Issue a writ of Mandamus of any other appropriate writ directing respondent No.2 to conduct fresh investigation in Crime No.15/2022 dated 20/02/2022 registered by the respondent, Halasuru Traffic Police Station for the offences punishable under section 134(A & B), 187 of Indian Motor Vehicles Act, 1988 and Section 279, 337 of Indian Penal Code vide Annexure-A. b) Issue a writ of certiorari or any other appropriate writ seeking to quash/set aside the ‘C’ report dated 13.07.2022 vide Order No.1540 and 1556 filed by the respondent No.1 vide Annexure-C.”. 3. Petitioner is the complainant in Crime No. 15/2022 dated 20.02.2022 which was registered for the offences punishable under Section 134 (A&B), 187 of Indian Motor Vehicles Act, 1988 and Section 279 and 337 of Indian Penal Code. 4. Police after thorough investigation could not trace the person who has actually caused the accident on 20.02.2022 - 4 - HC-KAR CNR: KAHC010118892023 NC: 2026:KHC:48456 WP No. 5264 of 2023 whereby the elder brother of the complainant got injured and therefore filed ‘C’ report to the Court. 5. Being aggrieved by the same, the present petition is filed. 6. Learned counsel for the petitioner would contend that police have not properly investigated the matter and therefore petition needs to be allowed. 7. Learned High Court Government Pleader would submit that ‘C’ report is not final in nature. Therefore, the petition prayer cannot be granted. 8. Having heard the arguments of both sides, this Court noted that the cooperation rendered by the complainant has been taken note of and taking note of the time of accident and the place of accident, police could file the report vide Annexure C. 9. As such, this Court does not find any good grounds to allow the petition. - 5 - HC-KAR CNR: KAHC010118892023 NC: 2026:KHC:48456 WP No. 5264 of 2023 10. Accordingly, following: ORDER Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 97 CT:VRR