IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.48640/2018 (GM-POLICE) BETWEEN:
1. SMT. LINGAMMA S/O LATE HANUMANTHAPPA AGED ABOUT 80 YEARS R/O KUDUR VILLAGE MAGADI TQ., RAMANAGARA DISTRICT.
2. SMT. RATHNAMMA W/O LATE THIMMEGOWDA AGED ABOUT 55 YEARS OCC: HOUSEWIFE R/O KUDUR VILLAGE MAGADI TQ., RAMANAGARA DISTRICT.
3. SMT. SAROJAMMA W/O MUNIYAPPA AGED ABOUT 50 YEARS OCC: HOUSE WIFE R/O KAREHALLIPALYA CHANUVALLI, OBALAPUR [PO] NELAMANGALA TQ., 4. SMT. CHINNAMMA W/O PUTTASWAMY AGED ABOUT 45 YEARS OCC: TAILOR 5. SRI SANTOSH S/O PUTTASWAMY AGED ABOUT 30 YEARS OCC: TAILOR PETITIONERS – 4 & 5 ARE R/O NEAR J.M.M. SCHOOL VINAYAKA NAGARA PIPE LINE ROAD CHIKKABANAVARA BANGALORE – 90.
(BY SRI JAGADEESHGOUD PATIL, ADVOCATE ) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF HOME & PERSONAL ADMINSITRATION VIDHANASOUDHA BENGALURU – 560001.
2. THE D.G. & I.G.P. STATE OF KARNATAKA POLICE HEAD OFFICE NRUPATHUNGA ROAD BENGALURU – 560 001.
3. THE SUPERINTENDENT OF POLICE RAMANAGARA, DISTRICT – 562159.
4. SHABARISH CIRCLE INSPECTOR OF POLICE MAGADI POLICE STATION MAGADI – 561 101 RAMANAGARA DISTRICT.
5. SHANKARA NAIK POLICE SUB-INSPECTOR KUDUR POLICE STATION MAGADI TQ., 561 101 PRESENTLY WORKING AT DABAS PET POLICE STATION NELAMANGAL TQ. – 562 111.
6. NARAYANAPPA RETIRE ASI …PETITIONERS KUDUR POLICE STATION MAGADI TQ, - 561 101 R/O BILIJAJI VILLAGE NEAR BUS STOP, DASANAPURA HOBLI HESARAGHATTA (PO) BENGALURU – 560 088.
7. RAJSEKHAR ASST. SUB – INSPECTOR KUDUR POLICE STATION MAGADI TQ, - 561 101.
8. DR. BABURAJENDRAPRASAD OCC: DOCTOR, GOVERNMENT HOSPITAL NELAMANGALA TQ BENGALURU RURAL DISTRICT – 562 123.
9. ANITHA W/O KRISHNAMURTHY R/O NO.14, SUVARNA NAGARA 2ND CROSS, PEPSI GOWDOWN DODDABIDARAKALLU NAGASANDRA POST BANGALORE – 560 073.
10. KRISHNAMURTHY S/O CHIKKAMARISETTY AGED ABOUT 30 YEARS R/O YEDEHALLI VILLAGE T. NARISIPURA TQ BANNUJR HOBLI HANUMANTHALA POST MYSORE DIST:-571 110.
11. RAMESH S/O LATE LAKSHMINARASIMAMURTHY AGED ABOUT 35 YEARS R/O OBALAPURA, OPP, POST OFFICE NELAMANGALA TQ:562123 BANGALORE RURAL DISTCT.
12. BHAGYAMMA W/O MAHADEVAIAHA AGED ABOUT 50 YEARS R/O NO. 14, SUVARNA NAGARA 2ND CROSS, PEPSI GOWDOWN DODDABIDARAKALLU NAGASANDRA POST BANGALORE – 560 073.
…RESPONDENTS (BY SRI B. BALAKRISHNA, AGA FOR R-1 TO R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 TO 7 TO REGISTER THE CASE AS PER COMPLAINT DATED 11.07.2018 AT ANNEXURE-F AND INVESTIGATE THE UNNATURAL DEATH OF LATE MANJUNATHA AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Jagadeeshgoud Patil, learned counsel for the petitioners.
Sri B. Balakrishna, learned Additional Government Advocate for the respondent Nos.1 to 3.
2. The petition is admitted for hearing. With the consent of learned counsel for the parties, the matter is heard finally.
3. In this petition, the petitioners inter alia seek for a direction to respondent Nos.4 to 7 to register the case as per complaint dated 11.07.2018 at Annexure-F and investigate the unnatural death of late Manjunatha and direct the respondent Nos.1 to 3 to register a case against the respondent Nos.4 to 8 for derelictions of duty in not registering the case and failed to investigate the unnatural death of Manjunatha and receiving bribe and further direct the respondent Nos.4 to 7 to take action against the respondent Nos.9 to 12 in the matter and submit the report and other consequential reliefs.
4. When the matter was taken up today, learned counsel for the petitioners submitted that the writ petition may be disposed of with a direction to the respondent No.3 to consider the representations vide Annexures – J, K and L submitted by the petitioners in accordance with law.
5. On the other hand, learned Additional Government Advocate for the respondents submitted that the representations submitted by the petitioners shall be dealt with in accordance with law, if not already decided.
6. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction to the respondent No.3 to consider and decide the representations submitted by the petitioners vide Annexures – J, K and L, if not already decided, and to complete the investigation in accordance with law by a speaking order within a period of two months from the date of receipt of certified copy of the order passed today.
7. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE ca