- 1 - HC-KAR NC: 2026:KHC:21440 WP No. 12476 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 12476 OF 2026 (GM-POLICE) BETWEEN: RAJU S BEDAGARU S/O SURYANARAYAN, AGED ABOUT 48 YEARS, R/AT NIRAKATTU, DEVAGODU VILLAGE, KOPPA TALUK, CHIKKAMAGALURU-DIST - 577 101. &PETITIONER (BY SRI. GIRISH B BALADARE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA HOME DEPARTMENT, REPRESENTED BY SECRETARY, VIDHANASOUDHA, BANGALORE - 560 001. 2. THE DIRECTOR GENERAL OF POLICE, STATE POLICE, HEADQUARTERS NO.2, NRUPATHUNGA ROAD, SAMPANGIRAM NAGAR, OPPOSITE MARTHA'S HOSPITAL, BANGALORE - 560 001. 3. THE SUPERINTEND OF POLICE, CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU - 577 101. 4. DEPUTY SUPERINTENDENT OF POLICE, CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU - 577 101. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21440 WP No. 12476 of 2026 5. STATION HOUSE OFFICER, BALEHONNUR POLICE STATION, BALEHONNUR, CHIKKAMAGALURU DIST- 577 101. &RESPONDENTS (BY SRI. K.P.YOGANNA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.5 THAT IS STATION HOUSE OFFICER, BALEHAONNUR POLICE STATION, BALEHONNUR, CHIKKAMAGALURU DISTRICT TO CONSIDER THE PETITIONER REPRESENTATION DATED 07/01/2026 AS PER ANNEXURE-K BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is filed seeking a mandamus against respondent No.5 to consider petitioner's representation dated 07.01.2026 as per Annexure-K and file the additional charge sheet in C.C.No.24/2025 for the offence punishable under Sections 115(2), 118(2), 189(2), 190, 191(2), 351(2), 352 and 74 of the Bharatiya Nyaya Sanhita (BNS), 2023 (for short 'BNS, 2023). - 3 - HC-KAR NC: 2026:KHC:21440 WP No. 12476 of 2026 2. Heard the learned counsel appearing for the petitioner, learned AGA appearing for the respondent and perused the records. 3. On a careful perusal of the records, this Court finds that the Investigating Officer has already completed the investigation and has laid the final report/charge sheet before the jurisdictional Court. Once the final report is filed under Section 173 of the Code of Criminal Procedure, 1973 (now corresponding to Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the investigation, as ordinarily understood, stands concluded and the matter enters the domain of judicial scrutiny. At this stage, it is no longer open for the complainant/victim to insist upon the Investigating Officer to undertake further investigation as a matter of right. The scheme of criminal procedure clearly demarcates the stages of investigation and trial, and once cognizance is taken, the proceedings stand seized by the competent Court. - 4 - HC-KAR NC: 2026:KHC:21440 WP No. 12476 of 2026 4. However, the legislative framework does not leave the complainant/victim remediless. On the contrary, adequate and efficacious remedies are engrafted under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023. If, in the course of inquiry or trial, it appears from the evidence that any person, not being an accused, has committed an offence, the jurisdictional Court is empowered to proceed against such person in exercise of its powers under Section 358 of BNSS, 2023 (pari materia to Section 319 of Cr.P.C.). Further, if certain offences are alleged to have been omitted in the charge sheet, it is always open to the Trial Court to alter or add to any charge at any time before judgment under Section 216 Cr.P.C. (corresponding Section 239 BNSS). Thus, the statutory mechanism adequately safeguards the interest of the complainant by vesting wide discretionary powers in the Trial Court to ensure that the real perpetrators do not escape the process of law. - 5 - HC-KAR NC: 2026:KHC:21440 WP No. 12476 of 2026 5. Once the Investigating Officer files the final report/charge sheet under Section 173(2) of the Code of Criminal Procedure, 1973 (corresponding to Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023), and does not reserve liberty therein to conduct further investigation, the investigative process attains finality qua the police. In such circumstances, the Investigating Officer cannot, at the mere instance or insistence of the complainant/victim, re-open the investigation or undertake a roving enquiry so as to file a supplementary charge sheet. The power to direct or permit further investigation, though statutorily recognized under Section 173(8) Cr.P.C. (now Section 193(9) of BNSS, 2023), is not an unbridled or complainant-driven exercise, but is subject to the control and supervision of the jurisdictional Court once the matter stands seized by it. Therefore, in the absence of any specific order by the competent Court directing further investigation, the Investigating Officer becomes functus officio in so far as entertaining fresh requests of the - 6 - HC-KAR NC: 2026:KHC:21440 WP No. 12476 of 2026 complainant for further investigation is concerned, and any such course would be legally impermissible inasmuch as the petitioner has an efficacious statutory remedy before the Trial Court itself. 6. In view of the above discussion, this Court is of the considered opinion that the petitioner has failed to demonstrate any enforceable legal right so as to seek a writ of mandamus directing the Investigating Officer to conduct further investigation or to file an additional charge sheet. Once the charge sheet is filed, the role of the Investigating Officer, in the ordinary course, recedes, and the matter falls within the exclusive domain of the jurisdictional Court. The petitioner is at liberty to invoke the remedies available under the provisions of the BNSS, 2023, more particularly Sections 216 (alteration/addition of charge), 358 (power to proceed against other persons appearing to be guilty of offence), and other enabling provisions during the course of trial. - 7 - HC-KAR NC: 2026:KHC:21440 WP No. 12476 of 2026 Reserving such liberty to the petitioner to work out his remedies in accordance with law before the competent Court, the captioned writ petition stands disposed of. All contentions are left open. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 26