IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.6690 OF 2019 (GM-POLICE) BETWEEN:
PRADEEP KUMAR K.S.
S/O K SRIRANGACHARAYA AGED ABOUT 29 YEARS OCC: BUSINESS R/AT NO 37, BANDEHOSUR KANNUR POST, BENGALURU – 562149.
… PETITIONER (BY MR. DINESH KUMAR K, ADV. FOR MR. R B DESHPANDE, ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU – 560001.
2. THE DIRECTOR OF POLICE & IGP NRUPATHUNGA ROAD BENGALURU – 560001.
3. THE COMMISSIONER BENGALURU CITY POLICE INFANTRY ROAD BENGALURU – 560001.
4. THE DEPUTY COMMISSIONER OF POLICE BENGALURU EAST DIVISION ULSOOR MAIN ROAD, ULSOOR BENGALURU CITY BENGALURU – 560008.
5. THE POLICE INSPECTOR HENNURU POLICE STATION SERVICE ROAD BALACHANDRA LAYOUT BABUSAPALYA HENNURU GARDENS BENGALURU – 560043.
6. THE SUPERINTENDENT OF POLICE DEVARAJ URS BADAVANE B BLOCK, DAVANAGERE – 577004.
7. THE POLICE INSPECTOR VIDYANAGAR POLICE STATION VINAYAKA EXTENSION VIDYANAGAR DAVANAGERE – 577005.
8. MOHAN KUMAR S S/O SRINIVAS C AGED ABOUT 27 YEARS R/AT NO 1, PADMASHREE NILAYA KAVERI NAGARA VADDERAPALYA HORAMAVU POST BENGALURU – 560043.
9. RAJENDRARAJ URS @ ANNA S/O NOT KNOWN THE PETITIONER AGED ABOUT 35 YEARS R/AT NO 51 15TH CROSS 1ST BLOCK, R T NAGAR BENGALURU – 560032.
10. GIRISH REDDY S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 27 YEARS R/AT KACHARAKANAHALLI (KESHVANAGARA ) BANGALORE – 560084.
11. LOHITH S HATTI S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 30 YEARS R/AT NO 2035/21 13TH CROSS ANJANEYA BADAVANE DAVANGERE – 577004.
12. TARAKESHAV N A @ KESHI S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 29 YEARS R/AT KTJ NAGAR NEAR PANCHADEVARA TEMPLE DAVANGERE – 577004.
13. AKANTH @ ANANTHRAM S/O H N JANARDHAN AGED ABOUT 23 YEARS R/AT NEW RAJANNA LAYOUT HORMAHUV AGARA HORAMAHUV POST BANGALORE – 560043.
14. DAMODHAR @ DAMU S/O RAMACHANDRA AGED ABOUT 25 YEARS R/AT NEAR VENUGOPAL SWAMY TEMPLE HORMAHUV AGARA HORMAHUV POST BANGALORE – 560043.
15. MADUSUDHAN S/O BHARADWAJA AGED ABOUT 30 YEARS R/AT NEW RAJANNA LAYOUT HORMAHUV AGARA HORMAHUV POST BANGALORE – 560043.
16. CHAKRAPANI S/O LOKANATH AGED ABOUT 35 YEARS R/AT 4TH CROSS BEHIND ADITYA AUTO MOTIVE THIMMAIAH LAYOUT HORMAHUV AGARA HORMAHUV POST BANGALORE – 560043.
17. GOVARDHAN S/O SRIRANGAIAH AGED ABOUT 32 YEARS C/O MURALIDHARA NEAR VENUGOPAL SWAMY TEMPLE HORMAHUV AGARA HORMAHUV POST BANGALORE – 560043.
18. SUDHAKAR S/O NOT KNOWN AGED ABOUT 30 YEARS HORMAVU AGARA HORMAVU POST BANGALORE – 560043.
19. VEDAPRASAD S/O SRIDHAR AGED ABOUT 27 YEARS R/AT NEAR VENUGOPAL SWAMY TEMPLE, HORMAHUV AGARA HORMAHUV POST BANGALORE – 560043.
20. S A RAGHAVENDRA @ RAGHU S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 38 YEARS R/AT K G HALLI KAMMAGONGANNA HALLI JALAHALLI WEST BANGALORE – 560015.
21. PRATHAP @ PRATHAP GOWDA S/O CHIKKANJANAPPA AGED ABOUT 27 YEARS R/AT NO 14, HENNURU GOWDARA COLONY KUVEMPU STREET KALYAN NAGAR POST BANGALORE – 560043.
22. NISHANTH A C S/O NOT KNOWN AGED ABOUT 28 YEARS R/AT C/O LOHITH S HATTI NO 2035/21, 13TH CROSS ANJANEYA BADAVANE DAVANGERE – 577004.
23. JAGADEESH NAGARAJ S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 28 YEARS R/AT C/O LOHITH S HATTI NO 2035/21 13TH CROSS ANJANEYA BADAVANE DAVANAGERE – 577004.
24. GIRISH S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 28 YEARS R/AT C/O LOHITH S HATTI NO 2035/21 13TH CROSS ANJANEYA BADAVANE DAVANAGERE – 577004.
25. NANDISHA S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 40 YEARS R/AT C/O AKANTH @ ANANTHRAM NEW RAJANNA LAYOUT HORMAHUV AGARA HORMAHUV POST BANGALORE – 560043.
26. RAGHAVENDRA SHARMA S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 37 YEARS R/AT THANISANDRA BANGALORE – 560077.
27. BABU SETU (BABU SIRVI) S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 40 YEARS R/AT JEWELLARY SHOP HORMAHUV AGARA, HORMAHUV MAIN ROAD HORMAHUV POST BANGALORE - 560043 28. MADHUKESHWAR S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 30 YEARS R/AT KATTIGNERE AJJAMPURA TARIKERE TALUK CHIKMAGALURU DISTRICT KARNATAKA STATE - 577547 29. CHINNAPPA C S/O CHIKKA THIPPAIAH AGED ABOUT 31 YEARS R/A NO 43. KAVERI NAGARA VADDERAPALYA HORMAHUV POST BANGALORE - 560043 30. DARSHAN GOVINDA S/O GOVINDA AGED ABOUT 25 YEARS R/AT NO 51 8TH CROSS COCONUT AVENUE ROAD MALLESHWARAM BANGALORE – 560003.
31. JEETHENDRA BHAI S/O NOT KNOWN TO PETITIONER AGED ABOUT 35 YEARS R/AT C/O MANDOVI RIVER FRONT HOTEL BEN HOSPITAL BETIM PANAJI NORTH GOA – 403101.
32. PRAVEEN KULKARNI S/O NOT KNOWN TO PETITIONER AGED ABOUT 30 YEARS R/AT C/O JEETHENDRA BHAI MANDOVI RIVER FRONT HOTEL BY BEN HOSPITAL BETIM PANAJI NORTH GOA – 403101.
… RESPONDENTS (BY MR. VIJAY KUMAR A. PATIL, AGA FOR R1 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2, 3, AND 6 TO CONSIDER THE REPRESENTATION OF THE PETITIONER AS PER ANNEXURE-A, DATED 25.07.2018, ANNEXURE-D DATED 28.12.2018 AND ANNEXURE-J DATED 05.01.2019 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Dinesh Kumar.K, learned counsel for Sri.R.B.Deshpande, learned counsel for the petitioner.
Sri.Vijay Kumar A. Patil, learned counsel for respondent Nos.1 to 7.
Taking into account the order, which this Court proposes to pass, it is not necessary to issue notice to other respondents. Hence, notice on respondent Nos.8 to 32 is dispensed with.
In this petition, the petitioner inter alia has prayed for the following reliefs:
a) Issue writ in the nature of Mandamus to Respondent No.2, 3 and 6 to consider the representation of the petitioner as per Annexure-A, dated 25/07/2018, Annexure-D dated 28/12/2018 and Annexure-J dated 05/01/19.
b) Issue writ in the nature of Mandamus for directions to the Respondent No.2 to 4 and 6 to initiate/register case against respondent No.8 to 32 along with their associates by a higher officer of rank.
c) Issue any other writ, order, or direction as deem fit and proper in the facts and circumstances of the case, including the cost of the writ petition, in the interest of justice and equity.
2. When the matter was taken up today, learned counsel for the petitioner submitted that with regard to his grievance, he has submitted a complaint to the jurisdictional police contained in Annexure-D dated 28.12.2018, which discloses the commission of a cognizable office by respondent Nos.8 to 32. However, no action on the complaint submitted by the petitioner has been taken by the jurisdictional police.
3. On the other hand, learned Additional Government Advocate submitted that suitable action in accordance with law shall be taken on the complaint submitted by the petitioner, if not already taken by respondent No.5.
4. In view of aforesaid submission and in view of the law laid down by the Hon’ble Supreme Court in the case of ‘LALITA KUMARI VS. GOVERNMENT OF UTTAR PRADESH AND ORS.’, (2014) 2 SCC 1, the petition is disposed of with a direction to respondent No.5 to take action in accordance with law on the complaint contained in Annexure-D dated 28.12.2018 in the light of the law laid down by the Hon’ble Supreme Court in the case of Lalita Kumari (supra).
5. 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 dn/-