Karnataka High Court
Biswanath Mitra vs State Of Karnataka on 28 February, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:8308
WP No. 4226 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 4226 OF 2024 (GM-POLICE)
BETWEEN:
BISWANATH MITRA
S/O PRADIP KUMAR MITRA,
AGED ABOUT 42 YEARS,
R/AT BLOCK-E FLAT NO. 1302,MJR
CLIQUE HYDRA-GOLLAHALLI MAIN ROAD,
ELECTRONICS CITY PHASE I, ELECTRONIC CITY,
BENGALURU - 560 100.
...PETITIONER
(BY SMT. AISHWARYA ANANTH KUMAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA
Digitally signed REPRESENTED BY
by NAGAVENI
HIGH COURT GOVT. PLEADER,
Location: HIGH
COURT OF HIGH COURT BUILDING,
KARNATAKA BENGALURU - 560 001.
2. SUPERINTENDENT OF POLICE
BENGALURU RURAL
No.5, MILLERS ROAD,
VASANTH NAGAR,
BENGALURU - 560 052.
...RESPONDENTS
(BY SRI KIRAN KUMAR, HCGP)
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NC: 2024:KHC:8308
WP No. 4226 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN
THE NATURE OF MANDAMUS TO CONSIDER THE PETITIONERS
REPRESENTATION MADE UNDER ANNEXURE-K DTD 8.12.2023
AND DIRECT THE RESPONDENTS TO PROVIDE HIM WITH
SUITABLE POLICE PROTECTION.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking the following
prayer:
"A. Issue Writ in the nature of mandamus to consider the
Petitioner's representation made under Annexure - k
dated 08.12.2023 and direct the Respondents to provide
him with suitable police protection in the interest of
justice and equity.
B. Issue such other suitable Order / s or directions as this
Hon'ble Court deems fit and proper in the nature and
circumstances of the case, in the interest of justice and
equity."
2. Heard Smt. Aishwarya Ananth Kumar, learned counsel
for petitioner and Sri Kiran Kumar, learned High Court
Government Pleader for the respondents.
3. Learned counsel for the petitioner would take this
Court through the judgment of the Apex Court passed in SLA
NC: 2024:KHC:8308
No.13275/2014, disposed on 16.03.2015, which reads as
follows:
"I) It shall be open to the respondent, to furnish further
details to the police authorities insofar as the threat
perception to his life is concerned. This liberty shall be
available to the respondent, as and when he perceives of
such threat. When such a representation is made by the
respondent to the police authorities, the same shall be
examined and a decision shall be taken thereon within
one week of the receipt of such representation. In case, it
is concluded that there is a threat to the life and liberty of
the respondent, he shall be provided free protection.
II) Irrespective of what has been directed by us
hereinabove, and irrespective of the conclusions drawn by
the police department, it shall be open to the respondent
to claim police protection based on his own threat
perception. In case, he chooses to do so, the police
authorities shall provide police protection to the
respondent, and charge him for the same.
The instant appeal is disposed of in the aforesaid
terms."
The Apex Court directed that in the event, there is a threat to
the life or limb of the present petitioner, he shall be provided
police protection on his asking, for which the charges will have
to be borne by the present petitioner.
4. Learned High Court Government Pleader places on
record the Government Order dated 16.03.2021, which depicts
the charges that has to be paid for police protection, if sought.
NC: 2024:KHC:8308
5. In the light of the liberty granted by the Apex Court as
afore-quoted and the petitioner seeking the police protection,
shall comply with the Government Order dated 16.03.2021, to
which the petitioner is willing to do so.
6. In the event, such a payment is made by the petitioner
in terms of the government order, the respondents - State
without brooking any delay, shall provide police protection to
the petitioner.
7. With these directions, the writ petition stands
disposed.
Sd/-
JUDGE
NVJ
