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2026 DAILYLAW 46639 (KAR)

SMT L SHESHERA v. STATE OF KARNATAKA

WP/3126/2026 · 2026-02-03

B M Shyam Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6002 WP No.3126/2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO.3126/2026 (GM-POLICE) BETWEEN: SMT L SHESHERA D/O M LOKESH W/O SUHAS SOMASHEKARA AGE ABOUT 30 YEARS AS PER AADHAR CARD THE ADDRESS NO. 6/4, BEGUR MAIN ROAD, OPPOSITE TO CLASSICA CERAMIC, HONGSANDRA, BANGALORE SOUTH, BANGALORE , BOMMANAHALLI, KARNATAKA MARRIED AND RESIDING AT HER MATRIMONIAL HOME, R/AT NO.36, SUNNY BROOKS LAYOUT, DODDAKANNAHALLI, SARJAPUR ROAD, CARMAELARAN POST, BENGALURU - 560 035 …PETITIONER (BY SMT.SINCHANA M R, ADVOCATE FOR SRI.DHARSHAVARDHAN B G., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SHIVAJINAGAR POLICE STATION, BENGALURU CITY Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6002 WP No.3126/2026 REPRESENTED BY ITS STATION HOUSE OFFICER 2. THE POLICE SUB- INSPECTOR (R) EAST DIVISION WOMEN POLICE STATION, SHIVAJINAGAR, BENGALURU CITY 3. SUSMITH G S W/O L EASHWAR R/AT OPPOSITE NAKSHA ACADEMY GUNJUR NERIGE ROAD, GUNJUR, BENGALURU - 560087 …RESPONDENTS (BY SRI.B.RAVINDRANATH, AGA R1 AND R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE POLICE NOTICE DATED 29-01-2026 BEARING LPT NO.142/2026 (ANNEXURE - A); B) DECLARE THE SAID NOTICE DATED 29-01-2026 BEARING LPT NO.142/2026 (ANNEXURE A) AS ILLEGAL AND VIOLATIVE OF ARTICLES 14 AND 21 OF THE CONSTITUTION OF INDIA. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:6002 WP No.3126/2026 ORAL ORDER The petitioner is aggrieved by the Notice issued by the second respondent [as per Annexure-A]. This Notice is dated 29.01.2026 and it requires the petitioner and her parents to appear for an enquiry. Ms.Sinchana M.R., the learned counsel for the petitioner, submits that there is a marital discord between the petitioner's brother and his wife [the third respondent] and that this impugned Notice is issued for appearance on 02.02.2026 without even indicating the purpose of the petitioner being called. The learned counsel submits that the petitioner's name is also wrongly mentioned but she is under duress to appear. Sri B.Ravindranath, the learned Additional Government Advocate, submits that the impugned Notice may not be treated as bringing the petitioner under duress as it is only intended for a preliminary inquiry as is contemplated under Section 173 of the - 4 - HC-KAR NC: 2026:KHC:6002 WP No.3126/2026 BNSS and that if the petitioner appears before the second respondent, there would only be a preliminary inquiry without the petitioner being under duress especially because the petitioner contends that she has to look after a toddler and she resides separately with her own family. These circumstances are considered, and the impugned Notice is read as a Notice for a preliminary enquiry reserving liberty to the petitioner to appear before the second respondent along with a certified copy of this order between 09.02.2026 and 15.02.2026 calling upon the second respondent to ensure that if the petitioner's repeated presence is required, a proper notice is issued as contemplated in law. Sd/- (B M SHYAM PRASAD) JUDGE SA List No.: 2 Sl No.: 3