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2026 DAILYLAW 52064 (KAR)

SRI BENNY GEORGE v. THE STATE OF KARNATAKA

WP/38486/2025 · 2026-01-31

B M Shyam Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5424 WP No. 38486 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 38486 OF 2025 (GM-RES) BETWEEN: SRI BENNY GEORGE S/O. SRI. GEORGE, AGED ABOUT 59 YEARS, PROPRIETOR OF GOLDEN ISHA AYURVEDIC SPA AND WELLNESS RESIDING AT: HOUSE NO 50, RAZUL LAYOUT, KUSHALNAGAR. COORG, KARNATAKA - 571234. ALSO HAVING OFFICE AT GOLDEN ISHA AYURVEDIC SPA AND WELLNESS 1ST FLOOR, NO 19-4-139 AND 19-4-137 OF KUSHALNAGAR PURASABE, GANDADKOTE, BM ROAD KODAGU DISTRICT, COORG, KARNATAKA 571234. …PETITIONER (BY SRI. YATHISH S..,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5424 WP No. 38486 of 2025 DEPARTMENT OF HOME VIDHANA SOUDHA AMBEDKAR VEEDHI BANGALORE, KARNATAKA 560001. 2. DEPUTY SUPERINTENDENT OF POLICE (DYSP), KUSHALNAGAR HAVING OFFICE AT SH 91, OPPOSITE GOVERNMENT HOSPITAL, KUSHALNAGAR TOWN, KARNATAKA 571234 REPRESENTED BY PUBLIC PROSECUTOR. 3. CIRCLE INSPECTOR, KUSHALNAGAR HAVING OFFICE AT SH 91, OPPOSITE GOVERNMENT HOSPITAL,KUSHALNAGAR TOWN KARNATAKA-571234 REPRESENTED BY PUBLIC PROSECUTOR. …RESPONDENTS (BY SRI.ADITYA DIWAKARA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO MANDAMUS INTER-ALIA DIRECTING THE RESPONDENTS NOT TO INTERFERE WITH THE BUSINESS ACTIVITIES OF THE PETITIONER IN THE NAME AND STYLE OF GOLDEN ISHA AYURVEDIC SPA AND WELLNESS SITUATED AT FIRST FLOOR OF E- SWATHU NO. 3. NO 19-4-139 AND 19-4-137 OF KUSHALNAGARA PURASABE, SITUATED OF BM ROAD. KUSHALANAGARA, KODAGU DISTRICT-571234. (ANNEXURE A). - 3 - HC-KAR NC: 2026:KHC:5424 WP No. 38486 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner asserts he is in the business of an Ayurvedic spa under the name and style, "Golden Isha Ayurvedic Spa And Wellness" at Kushalnagar and the petitioner seeks direction to the jurisdictional police not to interfere with his business activities. On the previous occasion, Mrs.Saritha Kulkarni, the learned Additional Government Advocate, based on her tentative instructions, had submitted that the petitioner cannot continue with the business because a complaint is registered for offences punishable under the provisions of Immoral Traffic [Prevention] Act, 1956 [for short, 'the Act']. Sri Aditya Diwakara, the learned Additional Government Advocate, on instructions from the concerned jurisdictional police, places on record the - 4 - HC-KAR NC: 2026:KHC:5424 WP No. 38486 of 2025 documents to show that indeed FIR is registered in Crime No.148/2025 for the offences punishable under the Act, that the statements have been recorded and that a final report will be indeed filed with the jurisdictional Magistrate within four [4] weeks. When queried, the learned Additional Government Advocate is categorical that as part of the ongoing investigation the police have not seized the property and they have only entered into the property for the purposes of complete investigation. The Court is of the view that the afore forecloses any cause that the petitioner could assert, and the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE SA