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2026 DAILYLAW 52144 (KAR)

SRI.MAHESH v. THE STATE OF KARNATAKA

WP/39429/2025 · 2026-01-19

B M Shyam Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:2568 WP No. 39429 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 39429 OF 2025 (GM-POLICE) BETWEEN: SRI.MAHESH S/O MUNIYAPPA AGED ABOUT 36 YEARS, R/AT DYAVARAHALLI VILLAGE, KUDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, KARNATAKA 562110. …PETITIONER (BY SRI. RAGHAVENDRA GOWDA K.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA HOME DEPARTMENT REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BENGALURU 560001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2568 WP No. 39429 of 2025 2. THE DIRECTOR GENERAL OF POLICE POLICE HEADQUARTERS, NRUPATUNGA ROAD BENGALURU, KARNATAKA - 560 001. 3. THE SUPERINTENDENT OF POLICE ANAKURU VILLAGE, CHIKKABALLAPURA KARNATAKA 562 101. 4. THE WOMEN POLICE STATION MG ROAD, TOWN HALL SQUARE, CHIKKABALLAPURA KARNATAKA-562101. …RESPONDENTS (BY SRI.B. RAVINDRANATH., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.4 TO CONSIDER THE COMPLAINT OF PETITIONER DATED 15.12.2025 VIDE ANNEXURE-A WHEREIN THE PETITIONER HAS SOUGHT FOR REGISTRATION OF F.I.R AND POLICE PROTECTION TO VICTIM AND HER FAMILY; B) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO SUPERVISE THE INVESTIGATION TO ENSURE IT IS CONDUCTED BY A WOMAN POLICE OFFICER AS PER POCSO NORMS AND TO CONSIDER THE - 3 - HC-KAR NC: 2026:KHC:2568 WP No. 39429 of 2025 COMPLAINT OF PETITIONER DATED 22.12.2025 VIDE ANNEXURE-D WHEREIN THE PETITIONER HAS SOUGHT FOR LAWFUL ACTION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner has filed this petition for directions to the fourth respondent to consider the first information dated 15.12.2025 and to register a First Information with a request for further directions to ensure that a woman police officer conducts the investigation. This Court, on 30.12.2025, has observed that the Superintendent of Police, Chikkaballapur is expected to supervise and monitor further investigation and to ensure the safety of the minor girl. Further, this Court, on 07.01.2026, after going through the first information, has recorded that the - 4 - HC-KAR NC: 2026:KHC:2568 WP No. 39429 of 2025 Superintendent of Police must file a report in writing detailing the measures that are taken to ensure that the child is not physically marred by any if not already marred in the course of the investigation. This Court's order in its material part reads as under: "When queried in the light of the allegation and this Court's direction, Mr. Ravindranath B places on record copy of the Communication addressed by the Sub Inspector of Police to the Medical Officer, Government District Hospital, Devanahalli along with a copy of the Wound Certificate. The learned Additional Government Advocate is categorical that the Superintendent of Police is overseeing the investigation as expected by this Court and that the child's statement will be recorded, as is required in law, and the recording is deferred only at the petitioner’s request. Mr. Raghavendra Gowda K, the learned counsel for the petitioner, submits that the petitioner is constrained, even after this Court’s order dated 29.10.2025, to file information with the Superintendent of Police because those named in the information have - 5 - HC-KAR NC: 2026:KHC:2568 WP No. 39429 of 2025 visited the school where the child studies and are spreading canards about the child. At this stage, this Court must observe that under no circumstance, a child can be used as a wedge by any and it must be the responsibility of every law enforcement officer to ensure that this does not happen. With the learned counsel for the petitioner stating that canards are being spread about the child even in her school and in the vicinity of her residence, this Court opines that the Superintendent of Police must place a report on record in writing, in the present proceedings, the measures that are being taken to ensure the child is not physically marred by any, if not already marred, in the course of the investigation." Furthermore, on the previous occasion, the learned Additional Government Advocate had placed on record that some persons were taken into custody and that the jurisdictional Superintendent of Police is ensuring measures are in place to protect the child. - 6 - HC-KAR NC: 2026:KHC:2568 WP No. 39429 of 2025 Mr.Kushal Chouksey, the Superintendent of Police is present and he also files his affidavit. When queried, the officer states that he has ensured that the petitioner is apprised of the details of the investigation and that his officers have visited the school where the child is studying and secured the video clips from the CCTV at the school to verify whether the child has been intimidated or otherwise brought under duress. The officer is categorical that the video clips secured as of now do not show any threat to the child at the school premises. This Court is satisfied that the Superintendent of Police has ensured that the child's interest is protected while the investigation is in progress on the complaint. As such, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE AN/-