[Cites 1, Cited by 0]
Karnataka High Court
Shilpa T vs State Of Karnataka on 10 February, 2026
-1-
NC: 2026:KHC-D:1973
WP No. 101063 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 10TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO.101063 OF 2026 (GM-POLICE)
BETWEEN:
SHILPA T.,
AGED ABOUT 29 YEARS,
D/O. THANDAVA MURTHY,
RESIDING AT NO.895, 7TH A CROSS,
TRIVENI ROAD, BANGALORE NORTH,
MSRIT, BANGALORE-560054.
...PETITIONER
(BY SRI. MANJUNATH BARADOOR, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
Digitally
signed by
YASHAVANT
HOME DEPARTMENT,
YASHAVANT NARAYANKAR
NARAYANKAR Date:
2026.02.12
VIDHAN SOUDHA,
10:48:33
+0530
BENGALURU-560001.
2. THE DIRECTOR GENERAL OF POLICE,
STATE OF KARNATAKA,
BENGALURU-560001.
3. THE COMMISSIONER OF POLICE,
HUBBALLI-DHARWAD CITY,
DHARWAD-580011.
4. THE ASSISTANT COMMISSIONER OF POLICE,
CYBER CEN HUBBALLI,
-2-
NC: 2026:KHC-D:1973
WP No. 101063 of 2026
HC-KAR
DHARWAD DISTRICT-580020.
5. THE INSPECTOR OF POLICE,
CYBER CEN POLICE STATION,
HUBBALLI-DHARWAD CITY - 580020.
...RESPONDENTS
(BY SMT. GIRIJA S.HIREMATH, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENT POLICE NOT TO
HARASS, INTIMIDATE, OR COERCE THE PETITIONER IN
CONNECTION WITH CRIME NO.76/2025 IN ANY MANNER
CONTRARY TO LAW VIDE ANNEXURE-A. 2. DIRECT THE
RESPONDENTS TO REFUND FORTHWITH A SUM OF
RS.1,00,000/- (RUPEES ONE LAKH ONLY) ILLEGALLY COLLECTED
FROM THE PETITIONER DURING THE COURSE OF
INVESTIGATION, WITHIN A TIME FRAME TO BE FIXED BY THIS
HON'BLE COURT. 3. DIRECT THE RESPONDENTS NOT TO
SUMMON THE PETITIONER EXCEPT STRICTLY IN ACCORDANCE
WITH LAW, BY ISSUING WRITTEN NOTICE UNDER DUE
PROCESS; 4. RESTRAIN THE RESPONDENT POLICE FROM
COMPELLING ANY SETTLEMENT OR COMPROMISE BETWEEN THE
PETITIONER AND THE DE-FACTO COMPLAINANT; 5. DIRECT
IMMEDIATE RELEASE AND HANDOVER OF THE PETITIONER'S
PASSPORT AND CHEQUE LEAF BEARING CHEQUE NO. 397722,
CANARA BANK VIDE ANNEXURE- C ISSUED BY THE
COMPLAINANT WHICH IS ILLEGALLY SEIZED AND RETAINED
WITHOUT AUTHORITY OF LAW WITH THE RESPECT TO THE
CRIME NO. 76/2025 VIDE ANNEXURE-A, DIRECT THE
RESPONDENT NO.2 TO INITIATE APPROPRIATE DEPARTMENTAL
INQUIRY AGAINST THE ERRING POLICE OFFICIALS
RESPONSIBLE FOR COERCION, ILLEGAL COLLECTION OF
MONEY, AND ABUSE OF POWER. 6. GRANT SUCH OTHER
RELIEFS AS THIS HON'BLE COURT MAY DEEM FIT IN THE FACTS
AND CIRCUMSTANCES OF THE CASE, INCLUDING COSTS.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
-3-
NC: 2026:KHC-D:1973
WP No. 101063 of 2026
HC-KAR
CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present writ petition is filed seeking the following
prayer:
"1. Issue a Writ of Mandamus directing the Respondent
Police not to harass, intimidate, or coerce the
Petitioner in connection with Crime No.76/2025 in any
manner contrary to law vide ANNEXURE-A
2. Direct the Respondents to refund forthwith a sum of
₹1,00,000/- (Rupees One Lakh only) illegally collected
from the Petitioner during the course of investigation,
within a time frame to be fixed by this Hon'ble Court.
3. Direct the Respondents not to summon the Petitioner
except strictly in accordance with law, by issuing
written notice under due process;
4. Restrain the Respondent Police from compelling any
settlement or compromise between the petitioner and
the de-facto complainant;
5. Direct immediate release and handover of the
Petitioner's passport and Cheque Leaf bearing Cheque
No. 397722, Canara Bank vide ANNEXURE- C issued by
the Complainant which is illegally seized and retained
without authority of law with the respect to the Crime
No. 76/2025 vide ANNEXURE-A, Direct the Respondent
No.2 to initiate appropriate departmental inquiry
against the erring police officials responsible for
coercion, illegal collection of money, and abuse of
power.
6. Grant such other reliefs as this Hon'ble Court may
deem fit in the facts and circumstances of the case,
including costs."
2. It is the case of the petitioner that, she is arrayed as
an accused in Crime No.76/2025 registered with CEN Crime
NC: 2026:KHC-D:1973
HC-KAR
Police Station, Hubbali-Dharwad City dated 04.07.2025. She has
questioned the same before this Court by filing a quash petition
and the same is pending consideration. After registration of the
FIR, instead of conducting the investigation, the police officials
began summoning the petitioner repeatedly through oral
directions without issuing any written notice. They have openly
pressurised the petitioner to enter into a settlement with the de
facto complainant. Further, respondent No.4 intimidated the
petitioner to pay Rs.1,00,000/- and one Mr.Rakesh has been
introduced to collect the amount and it is the case of the
petitioner that they went to the house of the petitioner without
following the procedure and without the assistance of any
women police. According to the petitioner, the police have also
seized her passport. Hence, she has come up before this Court
seeking the prayers referred supra.
3. Learned High Court Government Pleader submits that
the police have conducted the investigation and filed the charge
sheet i.e. CC No.151/2026 on the file of the I Additional Civil
Judge and J.M.F.C., Hubbali. It is submitted that, if the petitioner
NC: 2026:KHC-D:1973
HC-KAR
has any grievance, same can be redressed before the very same
Court.
4. Having heard the counsels on either side, perused
the material on record. The kind of allegations that are placed
before the Court are all disputed questions of fact which this
Court under Article 226 of the Constitution of India cannot decide
the same. If the police officer has acted without any authority of
law, the petitioner has a remedy to file a petition against the
concerned officer before the Magistrate. Even if the charge sheet
has been filed by the police, these aspects along with other
relevant issues, can still be brought to the notice of the Court.
The petitioner, in a petition filed against the police, may seek
appropriate relief, and the Court will be in a position to decide all
such questions on the basis of the evidence on record and the
reliefs prayed for by the petitioner. This Court cannot pass orders
exercising the jurisdiction under Article 226 of the Constitution of
India. Accordingly, this court is passing the following:
NC: 2026:KHC-D:1973
HC-KAR
ORDER
(i) The writ petition is disposed of giving liberty
to the petitioner to avail appropriate remedy
under law.
(ii) All I.As. in this writ petition shall stand closed.
Sd/-
JUSTICE LALITHA KANNEGANTI
RH
CT: UMD
List No.: 1 Sl No.: 39
