- 1 - HC-KAR NC: 2026:KHC:12642 WP No. 20613 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 20613 OF 2025 (GM-POLICE) BETWEEN: 1. DR. SRIPRIYA C., D/O SRI. CHITTIBABU AGED ABOUT 27 YEARS R/AT 404, JOTHI NILAYA NAIDU LAYOUT, SHANTHIPURA VILLAGE HUSKUR POST, ANEKAL TALUK BENGALURU-560099. …PETITIONER (BY SMT. JAYALAKSHMAMMA .K.B, ADVOCATE) AND: 1. THE INSPECTOR OF POLICE PARAPPANA AGRAHARA POLICE STATION BENGALURU-560109. 2. THE SUB INSPECTOR OF POLICE ELECTRON CITY SUB-DIVISION BENGALURU - 560100. 3. ANIL KUMAR S/O LAKSHMI PRASANNA AGED ABOUT 24 YEARS R/AT 121, NAIDU LAYOUT SHANTHIPURA VILLAGE, HUSKUR POST ANEKAL TALUK, BENGALURU - 560099. 4. SUBHASH .B.L S/O LAKSHMI PRASANNA Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12642 WP No. 20613 of 2025 AGED ABOUT 22 YEARS R/AT 121, NAIDU LAYOUT SHANTHIPURA VILLAGE HUSKUR POST, ANEKAL TALUK BENGALURU-560 099. …RESPONDENTS (BY SRI. SHESHU .V, HCGP FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 AND 2 TO INSERT THE OFFENCES UNDER SECTION 74, 75 OF BNS 2023 NOR AS PER THE COMPLAINT AVERMENTS AGAINST THE R-3 AND 4. 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 petition is filed seeking the following reliefs: "a) Issue a writ of Mandamus directing the Respondent No.1 & 2 to insert the offences under Section 74, 75 of BNS 2023 nor as per the complaint averments against the Respondent Nos.3 & 4. b) Issue a writ, order or direction and grant such other and further relief's as this Hon'ble Court deems fit and proper under the circumstances of this case, in the interest of justice and equity." - 3 - HC-KAR NC: 2026:KHC:12642 WP No. 20613 of 2025 2. The petitioner asserts that respondent Nos.3 and 4 unlawfully trespassed into her residential premises and assaulted her by pelting heavy stones, without any provocation. On the basis of the said allegations, a complaint dated 12.05.2025 came to be lodged, which resulted in registration of Crime No.142/2025. The Investigating Officer has since commenced investigation and is stated to be in the process of collecting material evidence. 3. The present writ petition is instituted seeking a mandamus directing respondent Nos.1 and 2 to incorporate offences punishable under Sections 74 and 75 of the Bharatiya Nyaya Sanhita, 2023, contending that the allegations in the complaint squarely attract the said provisions and that the Investigating Agency has failed to invoke them. - 4 - HC-KAR NC: 2026:KHC:12642 WP No. 20613 of 2025 4. When the matter was taken up, this Court sought instructions regarding the stage of investigation. Learned High Court Government Pleader, on instructions, submits that the investigation is in progress and that notices have been issued to the petitioner for the purpose of further enquiry. It is further submitted that the petitioner has not fully cooperated with the Investigating Officer despite such notices. 5. Be that as it may, this Court is of the considered view that a writ Court, in exercise of its jurisdiction under Articles 226 and 227 of the Constitution of India, cannot direct the Investigating Officer to incorporate specific penal provisions at the behest of the complainant. It is exclusively within the domain of the Investigating Agency to assess the material collected during investigation and to determine the appropriate offences that may be attracted. Upon completion of investigation, the final report is to be filed based on the evidence gathered. If the complainant is aggrieved by - 5 - HC-KAR NC: 2026:KHC:12642 WP No. 20613 of 2025 omission to include any particular offence, the law provides an efficacious remedy. The trial Court, in exercise of its power under Section 216 of the Code of Criminal Procedure, 1973 (corresponding to Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023), is competent to alter or add any charge at any time before judgment, if the material so warrants. 6. In the absence of any statutory right vesting in the petitioner to seek a direction for inclusion of specific penal provisions during the course of investigation, no case is made out for issuance of a writ of mandamus. The prayer sought trenches upon the statutory discretion of the Investigating Officer, which this Court would be slow to interfere with. 7. It is trite that constitutional Courts ordinarily refrain from issuing directions as to the manner in which investigation is to be conducted or as to what specific offences are to be invoked, unless there is demonstrable mala fide or patent illegality. No such exceptional - 6 - HC-KAR NC: 2026:KHC:12642 WP No. 20613 of 2025 circumstance is made out in the present case warranting judicial interference. 8. Reserving liberty to the petitioner to cooperate with the investigation and to place all relevant material before the Investigating Officer, and also to avail such remedies as are available in law at the appropriate stage, the writ petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 6