Karnataka High Court
WA/180/2026 of SRI JAYANNA Vs THE PRINCIPAL SECRETARY on 21 July 2026
CNR: KAHC010052352026 NC: 2026:KHC:37460-DB WA No. 180 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO. 180 OF 2026 (GM-RES) BETWEEN: 1.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT APPEAL NO. 180 OF 2026 (GM-RES)
BETWEEN:
1.
SRI JAYANNA
S/O. LATE GURUMURTHAPPA
AGED ABOUT 51 YEARS
OWNER OF WATER TANKER
R/AT ASHOK KHENI LAYOUT
MADAVARA VILLAGE
DASANAPURA HOBLI
BENGALURU - 560 073
…APPELLANT
(BY SRI SHIVSHANKER, ADVOCATE)
AND:
1.
THE PRINCIPAL SECRETARY
DEPARTMENT OF HOME AFFAIRS
VIDHAN SOUDHA
HIGH COURT COMPLEX
BENGALURU - 560 001
2.
THE DIRECTOR GENERAL AND
INSPECTOR GENERAL OF POLICE
(DG AND IGP)
STATE OF KARNATAKA
NRUPUTHUNGA ROAD
REP BY ITS PUBLIC PROSECUTOR
Digitally
signed by
AMBIKA H B
Location:
High Court
of Karnataka
HC-KAR
HIGH COURT COMPLEX
BENGALURU - 560 001
3.
THE SUPERINTENDENT OF POLICE
BANGALORE RURAL DISTRICT
CUNNINGHAM ROAD
BENGALURU
REP BY ITS PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BENGALURU - 560 001
4.
THE DEPUTY SUPERINTENDENT OF POLICE
BANGALORE RURAL DISTRICT
CUNNINGHAM ROAD
BENGALURU
REP BY ITS PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BENGALURU - 560 001
5.
THE POLICE INSPECTOR
MADANAYAKANAHALLI POLICE STATION
BENGALURU RURAL DISTRICT
HIGH COURT COMPLEX
BENGALURU - 560 001
6.
DEPUTY SUPERINTENDENT OF POLICE
OFFICE OF NELAMANGALA SUB DIVISION
NELAMANGALA - 562 123
REP. BY ITS PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BENGALURU - 560 001
…RESPONDENTS
(BY SMT. NAMITHA MAHESH B.G., AGA)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
IMPUGNED ORDER OF THE LEARNED SINGLE JUDGE PASSED ON
10/11/2025 IN WRIT PETITION NO.18580/2025 (GM-RES) AND ETC.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
HC-KAR
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
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ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellant has filed the present appeal impugning an order dated 10.11.2025 passed by the learned Single Judge of this Court in Writ Petition No.18580/2025 (GM-RES). The appellant had filed the said petition under Articles 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita [BNSS].
2. The appellant had essentially sought a prayer directing the respondents to consider the matter of transferring the investigation to authority such as CBI or CID or any other independent agency in Special CC No.903/2021 arising from Crime No.427/2021 which was pending before the II Additional District and Sessions Judge, Bengaluru Rural District.
3. As rightly pointed out by the learned Additional Government Advocate, since the present appeal is from an order rejecting the petition under Section 528 of BNSS, which is pari materia with
HC-KAR
Section 482 of the Criminal Procedure Code, 1973, the present appeal would not be maintainable.
4. The appeal is, accordingly, disposed of.
5. Pending applications also stand disposed of.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
AHB List No.: 2 Sl No.: 29