IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.33098 OF 2017 (GM-POLICE) BETWEEN:
S. GOPINATH AGED ABOUT 53 YEARS, S/O. LATE SURYANARAYANA GOWDA, R/O. NO.19, LLOYD ROAD, OLEM APARTMENTS, FLAT NO.102, COOKES TOWN, BANGALORE-560 005. … PETITIONER (By MR. VIJAY NARAYAN, ADV. AND SMT. JYOTHI BHAT, ADV) AND:
1. STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE-560 001.
2. COMMISSIONER OF POLICE BANGALORE CITY POLICE, INFANTRY ROAD, BANGALORE-560 001.
3. DCP NORTH BANGALORE CITY POLICE, NO.3051, THANISANDRA MAIN ROAD, DEVIN PARADISE ENCLAVE, R.K. HEGDE NAGAR, BANGALORE-560 077.
4. INSPECTOR OF POLICE SAMPIGE HALLI, NO.35, HENNUR ROAD, ANJANAPPA COMPLEX, HENNUR ROAD, LINGARAJAPURAM, BANGALORE-560 084.
5. SUB-INSPECTOR OF POLICE SAMPIGE HALLI, NO.35, HENNUR ROAD, ANJANAPPA COMPLEX, HENNUR ROAD, LINGARAJAPURAM, BANGALORE-560 084.
6. MUNIRATHNAMMA W/O. LATE SRI. A.M. SURYANARAYANA GOWDA, R/O. NO.19, "OLEM APARTMENTS", LLYOD ROAD, COOKE TOWN, BANGALORE-560 005.
7. SMT. A.S. BHARATHI W/O. SRI. D.N. VASANTH KUMAR, R/O. AT FLAT NO. K3, NO.12, KANNADATHI APARTMENT, 19TH CROSS, MALLESHWARAM, BANGALORE-560 055.
8. SMT. A. S. CHANDRIKA W/O. SRI. RAVIKUMAR, R/O.AT NO. 308, 4TH "B" CROSS, III BLOCK, HRB LAYOUT, KALYANANAGAR, BANGALORE-560 043.
9. SMT. A.S. KAVITHA W/O. SRI. R. RAJU, R/AT NO. 82, 2ND BLOCK, DR. RAJKUMAR ROAD, RAJAJINAGAR, BANGALORE-560 010.
… RESPONDENTS (By MR. VIJAY KUMAR A PATIL, AGA FOR R-1 TO 5 MR. B N JAYADEVA, ADV. FOR R-7, R-6 & 9 ARE SERVED 7 UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226(4) AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-1, 2, 3, 4 TO AND GIVE PROTECTION TO THE PETITIONER IN SHIFTING R-6 TO THE PETITIONER RESIDENTIAL PREMISES AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Vijay Narayan and Smt.Jyothi Bhat, learned counsel for the petitioner.
Sri.Vijay Kumar A.Patil, learned Additional Government Advocate for the respondent Nos.1 to 5.
Sri.B.N.Jayadeva, learned counsel for the respondent No.7.
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 has prayed for the following reliefs:
“a. Issue a writ of mandamus directing respondent No.1, 2, 3 and 4 to allow the petitioner to meet respondent No.6.
b. Issue a writ of mandamus directing respondent No.1, 2, 3 and 4 to give protection to the petitioner in shifting respondent No.6 to the petitioner’s residential premises.
c. Issue any such other writ, order or direction as this Hon’ble Court may deem fit in the light of the facts and circumstances of the case and in the interests of justice and equity.”
4. When the matter was taken up today, learned Additional Government Advocate submitted that the police, after investigation, has issued an endorsement to the petitioner stating that the complaint filed by the petitioner does not disclose commission of any cognizable offence.
5. In view of the aforesaid submissions, the petition is disposed of with liberty to the petitioner to take recourse to such remedy as may be available to the petitioner under the law.
Sd/- JUDGE RV