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2026 DAILYLAW 45537 (KAR)

SMT.VENKATESHAMMA v. THE SECRETARY

WP/688/2026 · 2026-01-21

B M Shyam Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:3441 WP No. 688 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 688 OF 2026 (GM-POLICE) BETWEEN: 1. SMT.VENKATESHAMMA W/O LATE C.MARIYAPPA AGED ABOUT 85 YEARS 2. SRI. M. VENKATAREDDY S/O LATE C. MARIYAPPA AGED ABOUT 45 YEARS BOTH ARE R/AT YELUVAHALLI VILLAGE, VIJAYAPURA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT PIN-CODE 562 135. …PETITIONERS (BY SRI. CHOKKAREDDY.,ADVOCATE) AND: 1. THE SECRETARY DEPARTMENT OF HOME AFFAIRS GOVERNMENT OF KARNATAKA Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3441 WP No. 688 of 2026 VIDHANA SOUDHA BANGALORE - 560 001. 2. INSPECTOR GENERAL OF POLICE CENTRAL ZONE CUNNIGHAM ROAD, CHALUKYA CIRCLE BANGALORE 560 052. 3. SUPERINTENDENT OF POLICE CUNNIGHAM ROAD, CHALUKYA CIRCLE BANGALORE 560 052. 4. DEPUTY SUPERINTENDENT OF POLICE CUNNIGHAM ROAD, CHALUKYA CIRCLE BANGALORE - 560 052. 5. POLICE INSPECTOR VIJAYAPURA POLICE STATION VIJAYAPURA, DEVANAHALLI TALUK BANGALORE RURAL DISTRICT - 562 135. …RESPONDENTS (BY SMT.SARITHA KULKARNI., AGA) - 3 - HC-KAR NC: 2026:KHC:3441 WP No. 688 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECT TO THE R-5 TO PROVIDE POLICE PROTECTION AS ANNX-A DATED 27.12.2025, FILED BY THE P-2 AS PER THE GUIDELINES ISSUED BY THE R-2 ON 14.11.2018 AS ANNX-N; DIRECT TO THE R-5 TO CONSIDER THE COMPLAINT AS ANNX- A DATED 27.12.2025, FILED BY THE P-2 AS PER THE GUIDELINES OF SUPREME COURT IN LALITHA KUMARI VS STATE OF UTTARA PRADESH, 2013(8) SUPREME-1, PARA NO. 111 AS PER ANNX-M THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 4 - HC-KAR NC: 2026:KHC:3441 WP No. 688 of 2026 ORAL ORDER The petitioners as plaintiffs in OS No.365/2024 on the file of the II Additional Civil Judge and JMFC, Devanahalli [for short, 'the civil Court'] have the advantage of an interim injunction granted by the civil Court on 17.12.2025. The petitioners assert that notwithstanding the civil Court's order dated 17.12.2025, the defendants in the suit continue to attempt to trespass into the subject property and that the police authorities, despite being given multiple representations, have not taken any action. Sri Chokka Reddy, the learned counsel for the petitioners, argues in support of the directions to the police relying upon these circumstances. Smt Saritha Kulkarni, the learned Additional Government Advocate who is called upon to accept notice for the respondents, submits, on instructions, that if the civil Court directs on an application by the petitioners in the suit that the police must intervene and extend - 5 - HC-KAR NC: 2026:KHC:3441 WP No. 688 of 2026 protection in a particular manner, the jurisdictional Police, in terms of the Circular issued way back in the year 2018 and the recent Circular dated 23.09.2025 issued in continuation of such circular, is bound to take all measures as would be necessary. This indeed must be so, and therefore, the petition stands disposed of with liberty to the petitioners to file an application in the pending suit with the civil Court for appropriate directions to the jurisdictional Police. Sd/- (B M SHYAM PRASAD) JUDGE AN/-