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2026 DAILYLAW 930 (KAR)

BHARATH S H v. STATE OF KARNATAKA

WP/35128/2025 · 2026-03-13

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15230 WP No. 35128 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 35128 OF 2025 (GM-POLICE) BETWEEN: BHARATH S H S/O HANUMANTH REDDY AGE ABOUT 34 YEARS 8TH CROSS, CK PURA LAYOUT KELAGOTE, CHITRADURGA 577501 …PETITIONER (BY SMT. PRIYA A , ADVOCATE FOR SRI. NITIN A M., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE (MEDICAL EDUCATION) MS BUILDING VIDHANA VEEDHI BENGALURU 560001 2. DIRECTOR GENERAL OF POLICE KARNATAKA STATE POLICE HEADQUARTERS NO 2, NRUPATHUNGA ROAD BANGALORE KARNATAKA 560001 Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15230 WP No. 35128 of 2025 3. STATE POLICE COMPLAINTS AUTHORITY REP. BY ITS CHAIRMAN 3RD FLOOR, VISHWESHWARAIAH MAIN TOWER DR. AMBEDKAR VEEDHI BENGALURU 560001 4. SUPERINTENDENT OF POLICE NEAR ST JOSEPH CONVENT TURUVAURU ROAD KELAGOTE CHITRADURGA 577501 5. MR RAGHU T SUB INSPECTOR EXTENSION POLICE STATION CHITRADURGA 577501 …RESPONDENTS (BY SRI. K.P. YOGANNA, AGA) THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED BACK- DATED SHOW CAUSE NOTICE BEARING VIDE NO./CHIDU/BADAWAN/PS/CCD/112-/2025 DATED 28-04-2025 I.E ANNEXURE-A AND (II) ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.3 THE STATE POLICE COMPLAINTS AUTHORITY TO CONDUCT A DETAILED INVESTIGATION INTO THE PETITIONER'S COMPLAINT DATED 15-11-2025 AND TAKE APPROPRIATE ACTION WITHIN A PERIOD OF 60 DAYS, IN ACCORDANCE WITH LAW I.E ANNEXURE-C1 AND ANNEXURE-C2. - 3 - HC-KAR NC: 2026:KHC:15230 WP No. 35128 of 2025 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; "i) Issue a writ of certiorari quashing the impugned back dated Show Cause Notice bearing vide No./CHIDU/BADAWAN/PS/CCD/ 112-/2025 dated 28.04.2025 i.e., Annexure-A and ii) Issue a writ of mandamus directing Respondent No.3 the State Police Complaints Authority to conduct a detailed investigation into the petitioner's complaint dated 15.11.2025 and take appropriate action within a period of 60 days, in accordance with law i.e., Annexure-C1 and Annexure-C2. iii) To pass such other orders as this Hon'ble Court deems fit and necessary considering the facts and circumstances of the case." - 4 - HC-KAR NC: 2026:KHC:15230 WP No. 35128 of 2025 2. The petitioner in the present writ petition alleges that respondent No.5, along with other police constables, forcibly compelled him to sign a back-dated show cause notice dated 28.04.2025 on 08.11.2025. Aggrieved by the alleged highhanded and coercive conduct of the police officials, the petitioner claims to have lodged a complaint dated 15.11.2025 before respondent No.4, as evidenced by Annexures-C1 and C2, alleging illegal escort, wrongful restraint and forcible extraction of signatures on a back- dated document. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate. Perused the material on record. 4. The gist of the petitioner’s grievance is that he was illegally escorted and compelled to sign a back-dated show cause notice, which is produced at Annexure-A. Though the petitioner has sought for quashing of the said show cause notice, this Court is of the considered view that the more serious allegation pertains to illegal - 5 - HC-KAR NC: 2026:KHC:15230 WP No. 35128 of 2025 detention and coercion allegedly employed by respondent No.5 and other police officials. The complaint dated 15.11.2025, lodged before respondent No.4, specifically raises these allegations and calls for an independent examination. 5. Learned Additional Government Advocate, on instructions, submits that respondent No.4 would examine the complaint and take appropriate action in accordance with law. 6. On perusal of the records, it is evident that respondent No.4 – Superintendent of Police has not acted upon the complaint dated 15.11.2025. The allegations made by the petitioner are serious in nature, involving illegal escort and coercive obtaining of signatures. The petitioner has also raised a grievance regarding inclusion of his name in the rowdy sheet, allegedly in violation of the guidelines laid down by this Court in the batch of writ petitions in W.P.No.4504/2021. In the absence of any - 6 - HC-KAR NC: 2026:KHC:15230 WP No. 35128 of 2025 action by respondent No.4, this Court deems it appropriate to issue necessary directions. ORDER (i) The writ petition is hereby allowed in part. (ii) Respondent No.4 – Superintendent of Police is directed to examine the complaints submitted by the petitioner, as evidenced at Annexures-C1 and C2, and take appropriate action strictly in accordance with law. (iii) While undertaking the said exercise, respondent No.4 shall also examine the petitioner’s grievance relating to the alleged illegal escort, coercive obtaining of signatures on a back-dated show cause notice, and the inclusion of the petitioner’s name in the rowdy sheet in the light of the guidelines issued by this Court in W.P.No.4504/2021 and connected matters. (iv) The aforesaid exercise shall be completed within a period of three (3) months - 7 - HC-KAR NC: 2026:KHC:15230 WP No. 35128 of 2025 from the date of receipt of a certified copy of this order. (v) Pending interlocutory applications, if any, do not survive for consideration and stand disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 42