Dismissed¶69

Mrs. Roopa a. T. v. State of Karnataka

Karnataka HC21 Aug 2025WP/8164/2019

Case brief

AI extract

What is this about?

Karnataka Lokayukta Act 1984, Section 12(3) report dated 09.08.2018; consequential charge memo to Assistant Public Prosecutors; writ petitions under Articles 226/227 Constitution of India; follows co-ordinate Dharwad Bench decision in W.P. No.100890/2022; report-versus-charge-memo distinction held immaterial; both writ petitions dismissed; NC: 2025:KHC:32710-DB.

What did the court decide?

The distinction that in the earlier Dharwad writ petition only the charge memo (and not the Lokayukta report under Section 12(3)) was under challenge does not impact the merits, because the charge memo was issued in pursuance to the report of the Lokayukta. ¶64

Mrs. Roopa a. T. Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

¶1

NC: 2025:KHC:32710-DB WP No. 8164 of 2019 C/W WP No. 8165 of 2019

¶2

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 21^ST DAY OF AUGUST, 2025

¶6

PRESENT

¶7

THE HON'BLE MR. JUSTICE D K SINGH

¶8

AND

¶9

THE HON'BLE MR. JUSTICE VENKATESH NAIK T

¶10

WRIT PETITION NO. 8164 OF 2019 (GM-KLA)

¶11

C/W

¶12

WRIT PETITION NO. 8165 OF 2019 (GM-KLA)

¶13

IN WP NO. 8164/2019

¶14

BETWEEN:

¶15

Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA

¶16

MRS. ROOPA A.T. W/O MR. N. SUHAS, AGED ABOUT 38 YEARS, RESIDING AT NO.1527, 1ST MAIN ROAD, JUDICIAL LAYOUT, BANGALORE - 560 065.

¶17

PRESENTLY WORKING AS ASSISTANT PUBLIC PROSECUTOR, CHIEF JUDICIAL MAGISTRATE CHIKKABALLAPURA CHIKKABALLAPURA DISTRICT - 562 101.

¶18

…PETITIONER

¶19

(BY SRI G S VENKAT SUBBA RAO, ADVOCATE)

¶20

AND:

¶21

STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME,

¶22

2 - NC: 2025:KHC:32710-DB WP No. 8164 of 2019 C/W WP No. 8165 of 2019

¶23

HC-KAR

¶24

GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE - 560 001.

¶25

THE UNDER SECRETARY DEPARTMENT OF HOME, POLICE SERVICES-B, BANGALORE - 560 001.

¶26

THE KARNATAKA LOKAYUKTHA REP. BY ITS REGISTRAR, M.S. BUILDING, BANGALORE - 560 001.

¶27

THE ADDITIONAL REGISTRAR OF ENQUIRIES -12 KARNATAKA LOKAYUKTHA, M.S.BUILDING, BANGALORE - 560 001.

¶28

THE DIRECTOR DEPARTMENT OF PROSECUTION AND GOVERNMENT LITIGATION 6TH FLOOR, KAVERI BHAVAN K.G.ROAD, BANGALORE - 560 001.

¶29

MR. H.T. RAVI S/O THIMMAIAH GOWDA AGED ABOUT 44 YEARS, RESIDING AT HONNAGUNDI SUNKADAHOLE POST, THIRTHAHALLI TALUK, SHIMOGA DISTRICT - 577 201.

¶30

…RESPONDENTS

¶31

(BY SMT. PRATHIBHA R.K., AGA FOR R-1, R-2 & R-5; SRI VENKATESH S. ARABATTI, ADVOCATE FOR R-3 & R-4; R-6 IS SERVED AND UNREPRESENTED)

¶32

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO

¶33

3 - NC: 2025:KHC:32710-DB WP No. 8164 of 2019 C/W WP No. 8165 of 2019

¶34

HC-KAR

¶35

QUASH THE IMPUGNED REPORT DATED 09.08.2018 PASSED BY THE KARNATAKA LOKAYUKTA, RESPONDENT NO.3 HEREIN UNDER SECTION 12[3] OF THE KARNATAKA LOKAYUKTA ACT, 1984 VIDE ANNEXURE-A AND ETC.

¶36

IN WP NO. 8165/2019

¶37

BETWEEN:

¶38

MRS. S KUMUDINI W/O MR. N.RAVINDRA GOWDA, AGED ABOUT 36 YEARS, RESIDING AT NO.3274, HOUSE NO.3, 3RD MAIN, 3RD CROSS, PC EXTENSION, KOLAR-563101

¶39

PRESENTLY WORKING AS ASSISTANT PUBLIC PROSECUTOR, SHIDLAGHATTA-562105, CHIKKABALLAPURA DISTRICT.

¶40

...PETITIONER

¶41

(BY SRI G S VENKAT SUBBA RAO, ADVOCATE)

¶42

AND:

¶43

STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE-560001.

¶44

UNDER SECRETARY DEPARTMENT OF HOME, POLICE SERVICES-B, BANGALORE-560001.

¶45

4 - NC: 2025:KHC:32710-DB WP No. 8164 of 2019 C/W WP No. 8165 of 2019

¶46

HC-KAR

¶47

THE KARNATAKA LOKAYUKTHA REP. BY ITS REGISTRAR, M.S. BUILDING, BANGALORE-560001.

¶48

THE ADDITIONAL REGISTRAR OF ENQUIRIES-12 KARNATAKA LOKAYUKTHA, M.S.BUILDING, BANGALORE-560001.

¶49

THE DIRECTOR DEPARTMENT OF PROSECUTION AND GOVERNMENT LITIGATION, 6TH FLOOR, KAVERI BHAVAN, K.G.ROAD, BANGALORE-560001.

¶50

MR. H T RAVI S/O THIMMAIAH GOWDA, AGED ABOUT 44 YEARS RESIDING AT HONNAGUNDI SUNKADAHOLE POST, THIRTHAHALLI TALUK, SHIMOGA DISTRICT-577201.

¶51

...RESPONDENTS

¶52

(BY SMT. PRATHIBHA R.K., AGA FOR R-1, R-2 & R-5; SRI VENKATESH S. ARABATTI, ADVOCATE FOR R-3 & R-4; R-6 IS SERVED AND UNREPRESENTED)

¶53

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED REPORT DATED 09.08.2018 PASSED BY THE KARNATAKA LOKAYUKTA, RESPONDENT NO.3 HEREIN UNDER SECTION 12[3] OF THE KARNATAKA LOKAYUKTA ACT, 1984 VIDE ANNEXURE-A AND ETC.

¶54

THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶55

¶56

NC: 2025:KHC:32710-DB WP No. 8164 of 2019 C/W WP No. 8165 of 2019

¶57

HC-KAR

¶58

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T

¶59

ORAL ORDER

¶60

(PER: HON'BLE MR. JUSTICE D K SINGH)

¶61

These writ petitions arise out of the report submitted by the Karnataka Lokayukta under Section 12(3) of the Karnataka Lokayukta Act, 1984 before the Government and the subsequent action taken by the Government in issuing the charge memo to the petitioners.

¶62

A writ petition challenging the charge memo by a similarly situated petitioner has been dismissed by the Co-ordinate Bench of this Court at Dharwad Bench, being Writ Petition No.100890/2022.

¶63

Learned counsel for the petitioners submitted that in the said writ petition, the report of the Lokayukta under Section 12(3) was not under challenge and only the charge memo was under challenge.

¶64

We do not consider that such a fine distinction impacts the merits of the case. The charge memo has been issued in pursuance to the report of the Lokayukta. We do not want to take a

¶65

NC: 2025:KHC:32710-DB WP No. 8164 of 2019 C/W WP No. 8165 of 2019

¶66

¶67

HC-KAR

¶68

different view as taken by the Co-ordinate Bench in Writ Petition

¶69

No.100890/2022. Therefore, these writ petitions are dismissed.

¶70

Sd/(D K SINGH) JUDGE

¶71