IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.23309 OF 2018 (GM-POLICE) BETWEEN:
SMT. M.V.SHAMALA, AGED ABOUT 80 YEARS, DAUGHTER OF LATE VENKATARAGHAVACHAR, NO.8, 18TH BLOCK, 2ND STAGE, SBM COLONY, SRIRAMPURA, MYSURU-570008.
(BY MR V.B.SHIVAKUMAR, ADV.) AND:
1. STATE OF KARNATAKA, DEPARTMENT OF HOME AFFAIRS, VIDHANA SOUDHA, VIDHANA VEEDHI, BENGALURU-560 001. REP. BY SECRETARY.
2. INSPECTOR GENERAL OF POLICE, NRUPATHUNGA ROAD, BENGALURU-560 001.
3. INSPECTOR OF POLICE/ STATION HOUSE OFFICER, KUVEMPU NAGAR POLICE STATION, MYSORE-560007.
4. SRI NAGARAJ.R., AGED ABOUT 35 YEARS, SON OF RACHAIAH, NO.432, A & B BLOCK, …PETITIONER RAMAKRISHNANAGAR, MYSURU-560007.
5. SRI SANTHOSH.M., MAJOR BY AGE, SON OF LATE ANANTHARAMU, NO.529/1, 6TH CROSS, VEENE SHESHANNA ROAD, K.R.MOHALLA, MYSURU-560007.
6. SRI CHANDRASHEKAR, AGED ABOUT 52 YEARS, FATHER’S NAME NOT KNOWN TO PETITIONER, DISTRICT DOCUMENT WRITER, LICENCE NO.24/2011, C/O SUB-REGISTRAR, MYSURU NORTH, MYSURU-570001.
7. SRI M.GANESH BABU, AGED ABOUT 42 YEARS, SON OF N.VENKATESH, NO.645, KUMBARAGERI, I CROSS, K.R.MOHALLA, MYSURU-570001.
8. SRI KIRANA, MAJOR BY AGE, SON OF RANGAIAH, NO.290, TRIVENI NAGARA, T.N.PURA, MYSURU DISTRICT-570001.
9. SRI N.S.MALLEGOWDA, DEED WRITER LICENCE NO.249/1980-81 C/O. SUB-REGISTRAR, MYSURU SOUTH-570001.
10. SRI DINESH RAJ, NO.89, T.K.LAYOUT, MYSURU-570001.
11. SRI DHARMA, MALIKYANAHALLI, PANDAVAPURA-570001 … RESPONDENTS (BY MR VIJAYKUMAR A PATIL, AGA FOR R-1 TO 3 MR MUZAFFAR AHMED, ADV. FOR R-6, R-4, 5 AND R-7 ARE SERVED AND UNREPRESENTED) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS NOS.1, 2 AND 3 TO IMMEDIATELY ARREST AND DETAIN RESPONDENT NOS.4 TO 11 IN PURSUANCE OF THE COGNIZANCE OF THE OFFENCE TAKEN BY THE III ADDL. CIVIL JUDGE (SENIOR DIVISION) AND C.J.M AT MYSURU IN PCR NO.38/2016, CALLING UPON THE AUTHORITIES, POLICE OFFICER, THE THIRD RESPONDENT TO INVESTIGATE AND SUBMIT REPORT, AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.V.B.Shivashankar, learned counsel for the petitioner.
Sri.Vijay Kumar A.Patil, learned Additional Government Advocate for the respondent Nos.1 to 3.
Sri.Muzaffar Ahmed, learned counsel for the respondent No.6.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia has prayed for the following reliefs:
“a) Issue a writ in the nature of mandamus or any other appropriate writ or direction, directing the respondents Nos.1, 2 and 3 to immediately arrest and detain respondent Nos.4 to 11 in pursuance of the cognizance of the offence taken by the III Addl. Civil Judge (Senior Division) and C.J.M. at Mysuru in PCR No.38/2016, calling upon the authorities, police officer, the third respondent to investigate and submit report.
b) For a mandamus, directing the third respondent to submit the charge sheet or a investigation report, assigning his reasons forthwith on issuing of directions by this Court.
c) Costs of the petition.”
4. When the matter was taken up today, learned counsel for the petitioner submitted that notwithstanding the fact that non-bailable warrant has been issued against the accused person, the police authorities are not executing the non-bailable warrant. On the other hand, learned Additional Government Advocate submits that no such particulars have been given in the writ petition with regard to issuance of non- bailable warrant by the Court of law. It is further submitted that the investigation has already been completed. It is also pointed out that in case any non- bailable warrant is issued against the accused by the competent Court, the respondent is under a legal obligation to execute the same.
5. In view of the aforesaid submissions, the writ petition is disposed of with a direction that in case any non-bailable warrant is issued by a Court of competent jurisdiction against the accused person, the police authorities shall execute the same expeditiously.
Accordingly, the petition is disposed of.
Sd/- JUDGE RV