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2026 DAILYLAW 53711 (KAR)

SRI RAMESH S/O SHRISHAIL BAGEWADI v. THE STATE OF KARNATAKA

WP/109316/2025 · 2026-01-06

Lalitha Kanneganti

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:42 WP No. 109316 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.109316 OF 2025 (GM-POLICE) BETWEEN: SRI. RAMESH S/O. SHRISHAIL BAGEWADI, AGE. 39 YEARS, OCC. TEACHER, R/O. HUNNUR, NEAR GUNDAGULESHWAR TEMPLE, TQ. JAMKHANDI, DIST. BAGALKOT-587301. …PETITIONER (BY SRI. M.C. HUKKERI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY INSPECTOR GENERAL OF POLICE, NORTH DIVISION, BELAGAVI-590001. 2. THE SUPERINTENDENT OF POLICE, NAVANAGAR, BAGALKOT-582301. 3. THE DEPUTY SUPERINTENDENT OF POLICE, JAMKHANDI, DIST. BAGALKOT-587301. 4. THE CIRCLE POLICE INSPECTOR, JAMKHANDI, DIST. BAGALKOT-587301. 5. THE POLICE SUB-INSPECTOR, RURAL POLICE STATION, JAMKHANDI, TQ. JAMKHANDI, DIST. BAGALKOT-587301. …RESPONDENTS (BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO, ISSUE, A WRIT IN THE NATURE OF CERTIORARI, MANDAMUS OR ANY OTHER WRIT, ORDER TO, A. TO QUASH THE ENDORSEMENT ISSUED BY THE 5TH RESPONDENT ON 04/03/2025 VIDES ANNEXURE-G. B. TO DIRECT RESPONDENTS NO.1 TO 5 TO CONSIDER THE LETTER SUBMITTED BY THE PETITIONER DATED 07/01/2025 PURSUANT TO THE COURT ORDER PASSED IN WP NO.102117/2024 DATED 19/06/2024 AS WELL AS PETITIONER’S COMPLAINT LODGED ON 08/09/2019 VIDE ANNEXURE-F, E AND A AND ETC.,. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2026.01.09 10:54:55 +0530 - 2 - HC-KAR NC: 2026:KHC-D:42 WP No. 109316 of 2025 THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayers: “WHEREFORE, the petitioner above named most respectfully prays that this Hon’ble court may be please to issue a writ in the nature of certiorari, mandamus or any other writ, order to a. To quash the endorsement issued by the 5th respondent on 04/03/2025 vide Annexure-g. b. To direct respondents No.1 to 5 to consider the letter submitted by the petitioner dated 07/01/2025 pursuant to the Hon’ble High Court order passed in W.P.No.102117/2024 dated 19/06/2024 as well as petitioner’s complaint lodged on 08/09/2019 vide Annexure-F, E and A and c. Pass such other order or orders, grant such other relief as this Hon’ble Court may deems fit in the circumstances of the case. - 3 - HC-KAR NC: 2026:KHC-D:42 WP No. 109316 of 2025 2. It is the case of the writ petitioner that the petitioner's father lodged a complaint before the respondent No.5 contending that the petitioner was traveling with his son, who was riding a motorcycle from Muttur to Jamkhandi and all of a sudden, from opposite direction, one white colour four wheeler vehicle came in high speed and hit the motorcycle and ran away. Due to the same, both of them fell down and sustained grievous injuries all over the body and were shifted to the hospital for treatment. Pursuant to the complaint, the police have registered the Crime No.0130/2019 for the offences punishable under Section 279, 337, 338 of IPC and 187 of the Motor Vehicles Act. It is submitted that the petitioner approached the respondent No.5 to hand over the motorcycle, which met with the accident on 08.09.2019. In turn, the respondents have stated that his relatives had taken the motorcycle. Thereafter, after the petitioner was discharged from the hospital, he gave a representation to the respondents. The respondents were silent and did not take any action. When the respondents failed to take any action, the petitioner filed W.P.No.102117/2024 seeking a mandamus directing the respondents to consider the representation as early as possible. It is stated that the petition - 4 - HC-KAR NC: 2026:KHC-D:42 WP No. 109316 of 2025 came to be disposed of and while disposing of the writ petition, by order dated 19.06.2024, the Court has observed that in response to the notice issued by the Court, the learned HCGP, on instructions, submitted that the Investigating Officer, dehors the submission of the ‘C’ report are still making sincere efforts to trace the bike, which was lost on the date of accident. It is stated that on 04.03.2025, the respondents were given an endorsement stating that they are making efforts to trace the vehicle. 3. Learned counsel appearing for the petitioner submits that they cannot file ‘C’ report and that the police are not making any efforts to trace the vehicle, and the accident had taken place in the year 2019. It is submitted that it is the bounden duty of the police to find out the vehicle and return it to the petitioner and they have not taken any action. 4. Learned Additional Government Advocate submits that in spite of their best efforts they could not trace out the vehicle and the efforts are still in progress. 5. Having heard the learned counsel on either side, perused the material on record. If it is a case of the petitioner that the police cannot file a ‘C’ report or there is some inaction - 5 - HC-KAR NC: 2026:KHC-D:42 WP No. 109316 of 2025 on the part of the police, the remedy that is available to the petitioner is not to come before this court. If the ‘C’ report is accepted by the Court and they cannot file such a report, the petitioner ought to have availed the appropriate remedy and under Article 226 of the Constitution of India this Court cannot go into all those issues. Hence, this Court finds no reason to pass any order in this writ petition. ORDER i) The writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedies available to him in accordance with law. ii) All I.As., in the writ petition shall stand closed. SD/- JUSTICE LALITHA KANNEGANTI YAN CT: UMD List No.: 1 Sl No.: 10