- 1 - HC-KAR NC: 2026:KHC:14439 WP No. 7923 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.7923 OF 2026 (GM-POLICE) BETWEEN: SATHEESH KUMAR K R S/O LATE SH. RAMACHANDRAN NAIR AGED ABOUT 63 YEARS, R/AT APARTMENT 301, BUILDING NUMBER 77, TAMARA 2ND MAIN ROAD, 1ST CROSS ROAD, DEFENCE COLONY, BENGALURU-560 038. (SENIOR CITIZEN BENEFIT NOT CLAIMED) …PETITIONER (BY SRI. PRASANNA KUMAR P, ADVOCATE FOR SRI. PAARAS PANDEY., ADVOCATE) AND: 1. COMMISSIONER OF POLICE NO.1, INFANTRY ROAD, OPPOSITE SPARSHA HOSPITAL, BENGALURU-560 001. 2. ADDITIONAL / JOINT COMMISSIONER OF POLICE, (CRIME DIVISION) NO.1, INFANTRY ROAD, OPPOSITE SPARSHA HOSPITAL, BENGALURU-560 001. 3. THE ASSISTANT COMMISSIONER OF POLICE (CENTRAL CRIME BRANCH ORGANISED CRIME WING) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14439 WP No. 7923 of 2026 NEW CCB OFFICE, 95, BTS BUS DEPOT RD, VINAYAKA NAGAR KSRTC COLONY, WILSON GARDEN, BENGALURU-560 001. 4. STATION HOUSE OFFICER INDIRANAGAR POLICE STATION, 648/L, OLD MADRAS RD, BINNAMANGALA HOYSALA NAGAR, BENGALURU-560 001. 5. STATION HOUSE OFFICER MADIVALA LAW AND ORDER POLICE STATION, 321/2A, HOUSE RD, MADIWALA, 1ST STAGE, BTM 1ST STAGE, BENGALURU, KARNATAKA-560 068. 6. DEPUTY COMMISSIONER OF POLICE (EAST DIVISION) NO.150, GROUND FLOOR, 1ST FLOOR, CAMBRIDGE LAYOUT, EAST ZONE CITY, HALASURU, BENGALURU, KARNATAKA-560 008. 7. STATE OF KARNATAKA DEPARTMENT OF HOME VIDHAN SOUDHA, DR. AMBEDKAR VEEDI, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY. 8. DR. K. J PURUSHOTHAM REDDY AGED ABOUT 52 YEARS, SON OF SH. K.B JAYARAMA REDDY, 327,8TH BLOCK, 1A MAIN, - 3 - HC-KAR NC: 2026:KHC:14439 WP No. 7923 of 2026 KORAMANGALA, BENGALURU-560 095. …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA FOR R1 TO R7; V/O/DATED. 10.03.2026, NOTICE TO R8 D/W) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE, DIRECT AND ORDER THAT THE PRELIMINARY INQUIRY BEING CONDUCTED BY RESPONDENT NO.3 IS ILLEGAL AND WITHOUT ANY LAWFUL AUTHORITY AND CONSEQUENTLY VIDE ANNEXURE-Q AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is filed seeking for the following reliefs; "A. Declare, direct and order that the preliminary inquiry being conducted by respondent No.3 is illegal and without any lawful authority; and consequently vide Annexure-Q. B. Quash the notice bearing No.DOO/Application /09/ACP/CCB/OCW(POO)/2026 dated 06.03.2026 issued by respondent No.3 to the petitioner (Annexure-Q). - 4 - HC-KAR NC: 2026:KHC:14439 WP No. 7923 of 2026 C. Issue a Wirt of Mandamus, or in the nature of Mandamus or any other appropriate writ, order or direction respondent Nos.1, 2 and 7 thereby directing registration of a First Information Report based on petitioner's complaint dated 12.12.2025 submitted before the Respondent No.1 (Annexure-A) and the petitioner's complaint dated 27.02.2026 filed by the petitioner before Respondent No.3 (Annexure - C) and investigation of the case by any independent, neutral and unbiased authority; D. Issue any such other writ, order or direction as this Hon'ble Court deems fit and proper relief's as this Hon'ble Court deems fit and proper under the circumstances of this case thereby directing the Respondent Police authorities to immediately commence investigation in accordance with law. E. Direct the Respondent Police authorities to exercise their powers of search and seizure under the Bharatiya Nagarik Suraksha Sanhita, 2023 and conduct search of the premises of Respondent No.8 for recovery of the petitioner's passport; F. Direct the Respondent police authorities to seize and secure the petitioner's passport presently in the unlawful possession of Respondent No.8 and handover custody thereof to the petitioner; G. Direct Respondent No.3/Investigating Authority appointed/designated by this Hon'ble Court to provide a - 5 - HC-KAR NC: 2026:KHC:14439 WP No. 7923 of 2026 status report to this Hon'ble Court about the action taken in respect of the petitioner's complaint dated 12.12.2025 submitted before the Respondent No.1 (Annexure-A) and the petitioner's complaint dated 27.02.2026 filed by the petitioner before Respondent No.3 (Annexure-C) within a time frame fixed by this Hon'ble Court; H. Pass such other order or direction as this Hon'ble Court deems fit in the interest of justice." 2. The petitioner has knocked on the doors of this Court primarily aggrieved by the alleged failure on the part of the respondent–Police Authorities to register a crime and initiate investigation on the basis of the allegations contained in the written complaint lodged by the petitioner. 3. The petitioner contends that the complaint lodged by him clearly discloses the commission of cognizable offences punishable with imprisonment exceeding seven years. It is therefore asserted that the respondents are duty-bound under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS, 2023”) and in - 6 - HC-KAR NC: 2026:KHC:14439 WP No. 7923 of 2026 the light of the law laid down by the Hon’ble Apex Court to forthwith register a crime and proceed with the investigation. The grievance of the petitioner is that respondent Nos.1 and 2, under a mistaken assumption that the offences alleged in the complaint are punishable with imprisonment of less than three years, have merely contemplated conducting a preliminary enquiry and have not taken further steps in accordance with law. Aggrieved by such inaction on the part of the Police Authorities, the petitioner has approached this Court by way of the present writ petition. 4. Learned counsel appearing for the petitioner, while reiterating the grounds urged in the writ petition, submitted that though several prayers are sought, he would primarily press prayer (C) and the consequential reliefs sought in prayers (E) and (F), by drawing attention to the amendment brought to the Karnataka Prohibition of Charging Exorbitant Interest Act, 2004 (for short, “the Act, 2004”). Inviting the attention of this Court to Section 4 - 7 - HC-KAR NC: 2026:KHC:14439 WP No. 7923 of 2026 of "the Act", he would point out that by virtue of substitution introduced through Karnataka Act No.17 of 2025, with effect from 25.03.2025, the penal provision now stipulates that any contravention of Section 3 of the Act, 2004 shall be punishable with imprisonment for a term which may extend to ten years and with fine, which may extend to ₹5,00,000/-. 5. Placing reliance on the aforesaid amendment, learned counsel would contend that since the offence is now punishable with imprisonment which may extend to ten years, the action of the Police Authorities in contemplating a preliminary enquiry is wholly unwarranted. He would further submit that offences punishable with imprisonment exceeding three years fall within Schedule II of the BNSS, 2023 and are treated as cognizable offences, for which no preliminary enquiry is contemplated. Therefore, the Police Authorities are required to register a crime and proceed with the investigation without delay. - 8 - HC-KAR NC: 2026:KHC:14439 WP No. 7923 of 2026 6. Having heard the learned counsel appearing for the petitioner and the learned AGA, and before adverting to the reliefs sought in the captioned writ petition, this Court deems it appropriate to extract the amended Section 4 of the Act, 2004, which reads as under:- "4. Penalty.- Notwithstanding anything contained in the Karnataka Money- Lenders Act, 1961, whoever contravenes the provision of section 3 or molests or abets the molestation of any debtor for recovery of any loan shall be punishable with imprisonment for a term which may extend to 1[ten years]1 and also with fine which may extend to 1[five lakh rupees]1. 7. On a careful reading of the amended Section 4 of the Act, 2004, it becomes manifest that any person who contravenes the provisions of Section 3 of the Act, 2004 or molests, or abets the molestation of a debtor for recovery of any loan, is liable to be punished with imprisonment for a term which may extend to ten years and with fine which may extend to ₹5,00,000/-. The legislative intent behind the amendment enhancing the quantum of punishment is clearly to treat the offence of charging exorbitant interest - 9 - HC-KAR NC: 2026:KHC:14439 WP No. 7923 of 2026 and the coercive methods adopted for recovery of loans as a serious penal offence affecting vulnerable sections of society. Once the statute prescribes a punishment which may extend up to ten years, the offence assumes the character of a grave cognizable offence requiring prompt police action. 8. In the light of the enhanced penal consequences contemplated under Section 4 of the Act, 2004, this Court is of the considered view that the complaint lodged by the petitioner, which alleges contravention of the provisions of the Act, 2004, prima facie discloses the commission of a cognizable offence. When the complaint discloses ingredients attracting a penal provision punishable with imprisonment extending up to ten years, the jurisdictional Police Officers cannot remain passive or merely contemplate a preliminary enquiry on the premise that the offence is of a lesser gravity. The scheme of criminal procedure mandates that once information disclosing the commission of a cognizable offence is received, the Police - 10 - HC-KAR NC: 2026:KHC:14439 WP No. 7923 of 2026 Authorities are required to register a crime and proceed with investigation in accordance with law. 9. The Investigating Officer appears to have contemplated a preliminary enquiry on the premise that, prior to the amendment, Section 4 of the Act, 2004 prescribed punishment extending only up to three years. However, by virtue of the subsequent amendment, the punishment has been enhanced and now provides for imprisonment which may extend up to ten years. In view of the enhanced penal consequences, the offence assumes the character of a serious cognizable offence. Therefore, the Investigating Officer cannot continue to confine the matter to a preliminary enquiry and is required to proceed in accordance with law by registering the FIR and initiating further investigation on the basis of the complaint. 10. Therefore, having regard to the nature of the allegations contained in the complaint and the severity of punishment prescribed under Section 4 of the Act, 2004, - 11 - HC-KAR NC: 2026:KHC:14439 WP No. 7923 of 2026 this Court is satisfied that the petitioner has made out a prima-facie case warranting issuance of appropriate directions to the jurisdictional Police Officers, who are in receipt of the written complaint submitted by the petitioner. Accordingly, necessary directions deserve to be issued to ensure that the complaint is dealt with strictly in accordance with law. ORDER (i) The writ petition is allowed in part. (ii) Respondent Nos.1 and 2 are hereby directed to forthwith examine and act upon the written complaint dated 12.12.2025 submitted before respondent No.1, produced as Annexure–A, and the complaint dated 27.02.2026 submitted before respondent No.3, produced as Annexure–C and take appropriate action in accordance with law, having due regard to the amended provisions of Section 4 of the Karnataka Prohibition of Charging Exorbitant Interest Act, 2004. (iii) While undertaking the aforesaid exercise, the jurisdictional Police Officers, - 12 - HC-KAR NC: 2026:KHC:14439 WP No. 7923 of 2026 namely respondent Nos.1 and 2, shall also take note of the observations made by this Court hereinabove. (iv) The aforesaid exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 10