Karnataka High Court
WP/4189/2024 of SRI. C RAMACHANDRA RAO Vs STATE OF KARNATAKA on 19 September 2026
CNR: KAHC010077372024 NC: 2026:KHC:51431 WP No. 4189 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.4189 OF 2024 (GM-POLICE) BETWEEN: 1. SRI. C. RAMACHANDRA RAO S/O LATE C. VENKATA
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.4189 OF 2024 (GM-POLICE)
BETWEEN:
1.
SRI. C. RAMACHANDRA RAO
S/O LATE C. VENKATA RAO,
AGED ABOUT 58 YEARS,
2.
SMT. M.K. SOBHA RANI
W/O C. RAMACHANDRA RAO,
AGED ABOUT 50 YEARS,
3.
KUMARI C. SOWMYA
D/O C. RAMACHANDRA RAO,
AGED ABOUT 22 YEARS,
PETITIONER NOS.1, 2 & 3 ARE
RESIDING AT #5-1-4/56, D.R. COLONY,
LAKSHMIPURAM, HINDUPUR,
ANANTHPUR, ANDHRA PRADESH – 515201.
4.
SRI M.K. KRISHNA MOHAN
S/O M.K. PANDURANGA RAO,
AGED ABOUT 48 YEARS,
#5-1-4/32, D.R. COLONY,
LAKSHMIPURAM, HINDUPUR,
ANANTHPUR, ANDHRA PRADESH – 515201.
…PETITIONERS
(BY SRI. CHRISTOPHER NOEL A., ADVOCATE)
AND:
1.
STATE OF KARNATAKA,
HOME DEPARTMENT
Digitally signed by
MAHALAKSHMI B M
Location: High Court
of Karnataka
HC-KAR
REP. BY ITS CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU – 560001.
2.
KADUGONDANA HALLI POLICE STATION,
NOW CENTRAL CRIME BRANCH,
BANGALORE – 560 053
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE – 01.
…RESPONDENTS
(BY SRI. HARISHA A.S., ADDL. GOVERNMENT ADVOCATE FOR R-1
& R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING
THE RESPONDENT NO.2 NOT TO REPEATEDLY HARASS THE
PETITIONERS TO BE PRESENT IN THE POLICE STATION, NOT TO
COMPEL THE PETITIONER TO ACCEPT THE CRIME OF ACCUSED
NO.1, NOT TO REPEATEDLY THREATEN THE PETITIONERS OF
ARREST IN THE CRIME, NO.306/23 BY KADUGONDANA HALLI PS
NOT TO COMPEL AND PUT PRESSURE ON ACCUSED NO.1 TO
ACCEPT THE CRIME, VIDE ANNEXURE-C AND HANDOVER ALL THE
DOCUMENTS AND DETAILS OF THE COMPLAINT WHICH IS
AVAILABLE WITH ACCUSED NO.1.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
HC-KAR
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ORAL ORDER
1. The petitioners have approached this Court seeking a direction to respondent No.2-Kadugondanahalli Police Station, restraining the police from harassing the petitioners by compelling them to appear at the police station, from compelling them to accept the commission of the offence by accused No.1 [Vamshi Krishna], who is the son of petitioner Nos.1 and 2, and from repeatedly threatening the petitioners with arrest in Crime No.306/2023. The petitioners have also sought a direction restraining the police from compelling or putting pressure on accused No.1 to accept the commission of the offence and to hand over all documents and details relating to the complaint available with accused No.1.
2. The reliefs sought in the writ petition in the terms in which they are couched, cannot be granted. However, the learned Additional Government Advocate appearing for the State brings to the notice of this Court that, in connection with the investigation, the police authorities have issued notices to the petitioners under Section 41-A of the Code of Criminal Procedure, 1973 [Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023], calling upon
HC-KAR
them to appear before the Investigating Officer [the IO] in connection with Crime No.306/2023 registered for the offences punishable under Sections 66(c) and 66(d) of the Information Technology Act, 2000 and Section 364-A of the Indian Penal Code, 1860. It is submitted that the presence of the petitioners is necessary for the purpose of investigation and they were accordingly directed to appear before the IO on 17.11.2023 at 11:00 a.m.
3. The learned counsel for the petitioners submits that the petitioners appeared before the IO on the aforesaid date and have also appeared on subsequent dates whenever called upon to do so, however, contended that the police authorities have been repeatedly calling the petitioners to the police station and subjecting them to harassment.
4. Learned AGA submits that no specific instance of harassment has been pleaded or placed on record by the petitioners. It is submitted that the petitioners have been called upon to appear only for the purpose of investigation and, therefore, no interference by this Court is warranted.
HC-KAR
5. The submission of the learned AGA merits acceptance to the extent that no specific instance or material has been made by the petitioners as to the nature of harassment caused to them. It is also not in dispute that the petitioners were called upon to appear before the IO in connection with an investigation, pursuant to a notice issued under Section 41-A of the Cr.P.C., cannot by itself, be construed as harassment.
6. At this stage, learned counsel for the petitioners submits that the petitioners would appear before the IO on 06.10.2026 at 11.00 a.m. and co-operate with the investigation.
7. In view of the aforesaid submission, the petitioners shall appear before the IO on 06.10.2026 at 11:00 a.m. and co-operate with the investigation. The IO shall conduct investigation strictly in accordance with law and shall not subject the petitioners to any coercion or harassment. No further direction is warranted. Accordingly, the writ petition stands disposed of.
Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT / List No.: 1 Sl No.: 16