Sri. M. Marimuthu Vs State of Karnataka

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR REPORTS AND RECORDS FROM THE RESPONDENTS IN THE ABOVE MATTER FROM UDR.1/2013 AND BE PLEASED TO TREAT THE MEMORANDUM OF WRIT PETITIONER AS COMPLAINT DIRECTING THE R3, NAMELY HEBBAGUDI POLICE STATION TO REGISTER FIR IN THE ABOVE CASE FOR THE OFFENCE PUNISHABLE U/S 302 OF IPC, IMMEDIATELY AGAINST THE SAID 1).B.SURESH, S/O BASAVANATH, 2) A.SURESH, S/O ANNAYAPPA, 3)ADITHIYA WHO IS THE OWNER OF THE NEIGHBORING GRANITE FACTORY ADITHIYA SMART STONE PVT.LTD SITUATED IN BOMMASANDARA AND INVESTIGATE THE CASE FAIRLY AND PUT UP THE AND FILE CHARGE SHEET BEFORE THE APPROPRIATE COURT HAVING JURISDICTION.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

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ORAL ORDER

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Petitioners are before this Court seeking following reliefs:

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''a. Call for reports and records from the respondents in the above matter from UDR.1/2003, and be pleased to order for fresh re-investigation be conducted fairly and honestly;

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b. Issue any writ, order or direction or writ of mandamus order or any other writ or any other direction directing the respondent No-3, namely Hebbaguddi Police station to register FIR in the above case for the offence punishable U/s.302 IPC, immediately against the said 1) B. Suresh, S/o.Basavanath, 2) A.Suresh, S/o.Annayappa, 3) Adithiya who is the owner of the neighboring granite factory "Adithiya Smart Stone Pvt Ltd" situated in Bommasandara and investigate the case fairly and put up the and file charge sheet before the appropriate court having jurisdiction, in the interest of equity and justice;

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c. Take action against the police officers who have involved in the matter for closing the murder case then. Granting such other interim reliefs which this Hon'ble Court may deem fit and proper to secure the ends of justice.''

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NC: 2026:KHC:2624 WP No. 18399 of 2022

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HC-KAR

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The brief facts of the case are that at 11.00 p.m. to 11.30 p.m on 09.01.2003, petitioner's son, namely, Manjunath died under unnatural circumstances in the MMA Granite Pvt Ltd. At 6.00 a.m., on 10.01.2003, the petitioner filed a complaint, which was registered as UDR No.1/2003 by Hebbagodi Police under Section 174 of Cr.P.C. The complaint filed by the petitioner states that the said Manjunath accidentally stepped on the connecting rod, lost his balance, which resulted in death. The complaint further states that this has happened accidentally and that the complainant does not suspect anybody.

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Thereafter, the petitioner submitted a representation dated 26.06.2004 to the Assistant Commissioner of Police, seeking reconsideration of the investigation in UDR 1/2003, as the petitioner believed that it was a case of murder and not accident suspecting to have been committed by certain persons. That in furtherance to this, petitioners gave representations as per Annexures-H, J, J1, K to K4, L, N, M, M1 to all the authorities named therein seeking investigation into the matter.

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NC: 2026:KHC:2624 WP No. 18399 of 2022

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HC-KAR

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Heard Sri. Benaka.K, learned counsel appearing on behalf of Sri. Allah Bakash M, learned counsel for the petitioners.

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It appears petitioners on earlier occasion approached

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this Court by filing Writ Petition in W.P.No.17612/2005 for direction to refer the matter for Central Bureau of Investigation, which was declined and petition was dismissed by the Co-ordinate Bench of this Court by order dated 31.08.2007. This fact has not been disputed by the petitioners.

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The present petition is filed after lapse of about 14 years. In the light of the order dated 31.08.2007 passed by the Co-ordinate Bench of this Court in W.P.No.17612/2005, as already noted by this Court vide Order dated 08.01.2026, wherein the reliefs sought on similar grounds was negated by this Court, which is not disputed. As such, this Court do not see any reason to grant the relief as sought for.

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Accordingly, petition is dismissed .

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Sd/(M.G.S. KAMAL) JUDGE

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RL/-List No.: 1 Sl No.: 12

Sri. M. Marimuthu v. State of Karnataka

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Sri. M. Marimuthu v. State of Karnataka

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