Karnataka High Court
Sri Babu vs The State Of Karnataka on 11 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
-1-
NC: 2026:KHC-K:2308
WP No. 201146 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 201146 OF 2025 (GM-POLICE)
BETWEEN:
1. SRI BABU S/O RAMA CHAUHAN,
AGED ABOUT 60 YEARS,
OCC: AGRICULTURE LABOUR,
R/O MANSING TANDA MAHADONGAON,
TQ. AURAD (B), DIST. BIDAR-585436.
2. SRI BANDU S/O BABU CHAUHAN,
AGED ABOUT 24 YEARS,
OCC: AGRICULTURE LABOUR,
R/O MANSING TANDA MAHADONGAON,
TQ. AURAD (B), DIST. BIDAR-585436.
Digitally signed by
NIJAMUDDIN
JAMKHANDI
...PETITIONERS
Location: HIGH
COURT OF
KARNATAKA (BY SRI. RAVI B. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRL. SECRETARY
DEPARTMENT OF HOME,
VIDHANA SOUDHA,
BENGALURU-560001.
2. THE INSPECTOR GENERAL OF POLICE
NROTH-EASTERN RANGE,
-2-
NC: 2026:KHC-K:2308
WP No. 201146 of 2025
HC-KAR
POLICE BHAVAN, KALABURAGI-585102.
3. THE SUPERINTENDENT OF POLICE
BIDAR, S. P. OFFICE, MANGALPETH,
BIDAR-585401.
4. SUB INSPECTOR OF POLICE
STATION HOUSE OFFICER,
BHALKI RURAL POLICE STATION,
TQ. BHALKI, DIST. BIDAR-585401.
...RESPONDENTS
(BY SRI VIRANAGOUDA M. BIRADAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A) A WRIT OF MANDAMUS DIRECTING THE
RESPONDENT NOS. 1 TO 4 TO CONSIDER THE
REPRESENTATION DATED 24.03.2025 AS AT ANNEXURE-C AND
CONSIDER THE MATTER FOR REFERRING TO SPECIAL FORCE/
CID OR ANY SUCH AGENCY BY REGISTERING FIR, WITHIN
SUCH STIPULATED TIME AS THIS HON'BLE COURT DEEMS FIT
IN THE CIRCUMSTANCES OF THE CASE. B) PASS SUCH OTHER
ORDER/ ORDERS DIRECTIONS AS THIS HON'BLE COURT
DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
-3-
NC: 2026:KHC-K:2308
WP No. 201146 of 2025
HC-KAR
ORAL ORDER
This writ petition is filed under Articles 226 and 227 of the Constitution of India seeking the following reliefs:
"a) A writ of mandamus directing the respondent Nos. 1 to 4 to consider the representation dated 24.03.2025 as at Annexure-C and consider the matter for referring to special force/ CID or any such agency by registering FIR, within such stipulated time as this Hon'ble Court deems fit in the circumstances of the case.
b) Pass such other order/ orders directions as this Hon'ble Court deems fit in the circumstances of the case"
2. Heard the learned counsel for the parties.
3. Petitioners are the father and brother of deceased Priyanka, who was aged about 20 years as on date of her death. According to the petitioners, they had a dispute with Pandari s/o Dattaji Patil, Abhijith s/o of Pandarinath Patil, and Ashwath s/o of Pandarinath Patil, with regard to the house property in which the petitioners were staying. The aforesaid three people allegedly had -4- NC: 2026:KHC-K:2308 WP No. 201146 of 2025 HC-KAR tortured Priyanka and also tried to molest her, insisting her to vacate the house property and it is under these circumstances Priyanka had committed suicide by hanging herself in their house on 16.03.2025. Subsequently, a case of unnatural death in UDR No.6/2025 was registered by the respondent No.4 as provided under Section 194(3)(iv), of Bharatiya Nagarika Suraksha Sanhita, 2023 (in short, ' BNSS, 2023'). It appears that the police after the investigation, have closed the aforesaid UDR case. It is under these circumstances the petitioners are before this Court.
4. Perusal of the material on record would go to show that on 16.03.2025 itself, a representation was given by the petitioner No.2 herein to the respondent No.4, suspecting foul play in the death of Priyanka and in the said representation, it is stated that it is only as a result of harassment by aforesaid persons, Priyanka had committed suicide on 16.03.2025 in her house by hanging herself. Priyanka allegedly had committed suicide between 09.30 -5- NC: 2026:KHC-K:2308 WP No. 201146 of 2025 HC-KAR a.m. to 10.30 a.m. on 16.03.2025 and representation/complaint was submitted by the petitioner No.2 to the respondent No.4, suspecting foul play in the death of his sister at about 04.30 p.m. on 16.03.2025. In spite of receiving such a representation on 16.03.2025, no FIR was registered by the respondent No.4 and on the other hand, he continued investigation in the UDR case and had recorded the statements of the petitioners and other relatives of the deceased.
5. Perusal of the said statements would go to show that the petitioners and the other relatives of the deceased are alleged to have stated that the deceased had committed suicide, after her parents had informed her that they will be vacating the disputed house and returning to their village. The said statement recorded by the police is contrary to the written representation/complaint submitted by the petitioner No.2. After registration of a UDR case, in the event the relatives of the deceased express suspicion or doubt about the cause of the death of the deceased, in -6- NC: 2026:KHC-K:2308 WP No. 201146 of 2025 HC-KAR normal circumstances, the police are required to register an FIR and investigate the case. In the case on hand, such an exercise was not done by the police and on the other hand, investigation was continued in the UDR case and based on the alleged statements of the petitioners and other relatives of the deceased, the UDR case is closed.
6. Though, the post mortem report of the deceased would suggest that death was as a result of the deceased committing suicide, the petitioners have suspected the reason for deceased committing suicide. According to the petitioners, because of the harassment of the aforesaid three persons, the deceased had taken the drastic step of committing suicide. Annexure-A is the copy of first information submitted by petitioner No.2 and Annexure-C is the copy of representation given by the villagers. In both the documents, it is expressed that reason for deceased committing suicide was suspicious and certain allegations are made against aforesaid three persons. When there is any doubt regarding the cause of -7- NC: 2026:KHC-K:2308 WP No. 201146 of 2025 HC-KAR death, the police officer is required to exercise his powers under Section 195 of BNSS, 2023 and summon the suspected persons and other relevant witnesses for the purpose of interrogation. No such exercise appears to have been done in the present case.
7. Under the circumstances, I am of the opinion that the respondent No.4 is required to be directed register an appropriate FIR and investigate the case based on the representation/complaint submitted by the petitioner No.2 herein on 16.03.2025.
8. Accordingly, the following:
ORDER Writ petition is allowed in part and the respondent No.4 is directed register FIR, pursuant to the representation/complaint dated 16.03.2025 submitted by the petitioner No.2 herein, copy of which is produced by the learned AGA along with the memo dated 10.02.2026 -8- NC: 2026:KHC-K:2308 WP No. 201146 of 2025 HC-KAR filed before this Court and submit appropriate report after conducting investigation in accordance with law.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE NJ List No.: 1 Sl No.: 61 CT:PK