Karnataka High Court
WP/23456/2026 of SMT BYRA HANUMAKKA Vs STATE OF KARNATAKA on 8 September 2026
CNR: KAHC010516042026 NC: 2026:KHC:49058 WP No. 23456 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 23456 OF 2026 (GM-POLICE) BETWEEN: 1. SMT. BYRA HANUMAKKA W/O. LATE BYRAPPA, AGED
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 23456 OF 2026 (GM-POLICE)
BETWEEN:
1.
SMT. BYRA HANUMAKKA
W/O. LATE BYRAPPA,
AGED ABOUT 72 YEARS,
R/AT AVALAKUPPE VILLAGE,
KASABA HOBLI, NELAMANGALA TALUK,
BENGALURU RURAL DISTRICT - 562 123.
2.
SMT. PUSHPALATHA H.R.
W/O. SRI MANJUNATH,
AGED ABOUT 49 YEARS,
R/AT AVALAKUPPE VILLAGE,
KASABA HOBLI,
NELAMANGALA TALUK,
BENGALURU RURAL DISTRICT - 562 123.
3.
SMT. PUTTAMMA
D/O. BYRA HANUMAKKA,
AGED ABOUT 45 YEARS,
R/AT BABA SABARPALYA,
KENGERI CHECK POST,
BENGALURU - 562 123.
…PETITIONERS
(BY SRI. SAMPATH A, ADVOCATE)
HC-KAR
AND:
1.
STATE OF KARNATAKA
REP. BY ITS SECRETARY,
HOME DEPARTMENT,
VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2.
SUPERINTENDENT OF POLICE
BENGALURU RURAL DISTRICT,
BEN NO.5, MILLERS ROAD,
VASANTH NAGAR, BENGALURU - 560 052.
3.
POLICE SUB-INSPECTOR
NELAMANGALA SUB-DIVISION,
BENGALURU RURAL DISTRICT,
NELAMANGALA - 562 123.
4.
STATION HOUSE OFFICER
NELAMANGALA RURAL POLICE STATION,
NELAMANGALA - 562 123.
…RESPONDENTS
(BY SRI. HARSHA A.S, AGA FOR R1 TO R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI QUASHING THE N.C.R. NO.534/2026
DATED 18-05-2026 BEARING (G.S.C. NO) NIL ISSUED BY THE
RESPONDENT NO.4 STATION HOUSE OFFICER, NELAMANGALA
RURAL POLICE STATION VIDE ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
HC-KAR
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
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ORAL ORDER
The present writ petition is filed seeking for the following reliefs:- "a) Issue a writ in the nature of certiorari quashing the N.C.R.No.534/2026 dated 18.05.2026 bearing (G.S.C.No) Nil issued by the Respondent No.4-Station House Officer, Nelamangala Rural Police Station vide Annexure-A.
b) Issue a writ in the nature of mandamus directing the respondent No.4 to register an F.I.R. for the offences punishable under Section 329 (Trespass-Cognizable) Section
(Unlawful Assembly-Cognizable), Section
(Criminal Intimidation-Non-Cognizable) and Section
(Intentional insult-Non-Cognizable) and other offences by considering the complaint dated 18.05.2026 vide Annexure-E.
Pass such other order or further orders as this Hon'ble Court deems fit in the facts and circumstances of the above case, in the interest of justice and equity".
2. The petitioner is aggrieved by the action of the respondent Nos.2 to 4- Police Authorities in refusing to launch criminal proceedings consequent to the complaint Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA
HC-KAR
dated 18.05.2026 (Annexure-E to the writ petition) given by the petitioners.
3. It is the contention of the petitioner that the N.C.R. issued by the Police Authorities on 01.12.2025 (Annexure-H to the writ petition) is erroneous since the petitioner in his complaint has clearly disclosed commission of offence which is required to be investigated by the Police Authorities.
4. Having regard to the fact that adequate remedies are available to the petitioner under the provisions of the Bharatiya Nagarik Suraksha Sanhita, the present writ petition is disposed of, reserving liberty to the petitioner to avail the said remedies.
(C.M. POONACHA) JUDGE
VS List No.: 1 Sl No.: 125 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA