IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.32290 OF 2016 (GM-POLICE) BETWEEN:
SMT. PORRNIMA SHASHIDHAR AGED 45 YEARS W/O SRI. V. SHASHIDHAR R/AT NO.1194, 9TH ‘B’ CROSS NEW TOWN, YALAHANKA BANGALORE-64.
(By Mr. G.R. MOHAN, ADV.,) AND:
1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE-01.
2. THE PRINCIPAL SECRETARY HOME DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE-01.
3. DR. G. PARAMESHWARA AGED ABOUT 65 YEARS S/O LATE H.M. GANGADHARAIAH HON’BLE HOME MINISTER STATE OF KARNATAKA VIDHANA SOUDHA BANGALORE-01.
4. THE STATION HOUSE OFFICER YELAHANKA UPA NAGARA POLICE YELAHANKA NEW TOWN … PETITIONER BANGALORE-64.
5. THE SUPERINTENDENT OF POLICE CENTRAL BUREAU OF INVESTIGATION GANGANAGAR,BANGALORE-62.
6. THE STATION HOSE OFFICER CENTRAL CRIME BRANCH COTTONPET MAIN ROAD BENGALURU – 560 053.
7. THE COMMISSIONER FOR POLICE BENGALURU CITY INFANTRY ROAD BENGALURU – 560 001.
(By Mr.VIJAY KUMAR A. PATIL, AGA FOR R1, R2, R4,R6,R7 & R5 MR.HEGDE DEVAURU GANAPATHI SPL.P.P. FOR R5/CBI (ABSENT) … RESPONDENTS MR.P.PRASANNA KUMAR SPL.P.P. FOR R5/CBI (ABSENT) R3 SERVED AND UNREPRESENTED) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO THE R-1 TO 4 TO HANDOVER THE INVESTIGATION OF THE CASE IN CRIME No.160 OF 2016 FOR THE OFFENCE UNDER SECTION 124A R/W 109 AND 120 B IPC SECTION 4 OF THE POLICE FORCES (RESTRICTION OF RIGHTS) ACT, 1966, SECTION 4 OF THE POLICE (INCITEMENT TO DISAFFECTION ACT 1922 AND SECTION 5 OF THE KARNATAKA ESSENTIAL SERVICES MAINTENANCE ACT, 2013 REGISTERED BY THE R-4 TO THE R-5 AS THE CONSTITUTIONAL RIGHT OF THE PETITIONER’S HUSBAND SHRI.
V. SHASHIDHARA TO GET FAIR TRAIL AND INVESTIGATION AND RIGHT TO LIVE WITH DIGNITY BY THE PETITIONER IS AFFECTE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.G.R.Mohan, learned counsel for the petitioner. Mr.Vijay Kumar A. Patil, learned Additional Government Advocate for respondent Nos.1, 2 4, 6 7 & 5.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs;
(a) Issue writ of mandamus or direction to the respondents 1 to 4 to hand over the investigation of the case in Crime No.160 of 2016 for the offences under Section 124A read with 109 and 120B IPC, Section 4 of the Police Forces (Restriction of Rights) Act, 1966, Section 4 of the Police (incitement to disaffection) Act, 1922 and Section 5 of the Karnataka Essential Services Maintenance act, 2013 registered by the 4th respondent to the 5th respondent as the Constitutional right of the petitioner’s husband Sri.V.Shashidhar to get fair trial and investigation and Right to live with dignity by the petitioner is affected.
(b) to pass such other order or orders as this Hon’ble Court may deem fit in the fact and circumstances of the case in the interest of justice and equity.
4. When the matter was taken up today, learned Additional Government Advocate submitted that during the pendency of the petition, investigation was handed over to Central Crime Branch Police (CCB), which is specialized investigating agency. It is further submitted that the aforesaid Investigating Agency has completed the investigation and has filed the charge sheet.
5. In view of the aforesaid submissions, learned counsel for the petitioner submits that the writ petition be disposed of with a liberty to the petitioner to take recourse to such remedy as may be available to him under the law.
Accordingly, the petition is disposed of in terms of the liberty as prayed.
Sd/- JUDGE SS