Karnataka High Court Intervenes in Drone Trespass Case, Stays Police Investigation
In a significant development for the unmanned aerial vehicle (UAV) sector, the Karnataka High Court has granted interim relief to Bengaluru-based Newspace Research and Technologies Private Limited. On Friday, Justice M Nagaprasanna issued an order staying all investigation and further proceedings in a criminal trespass case registered by the Doddaballapur Rural police against the company.
Procedural Lapses and Police Conduct Under Scrutiny
During the hearing, Justice Nagaprasanna directed Inspector Sadiq Pasha to file an affidavit responding to the company's allegations. The judge emphasized that appropriate action would follow if the officer failed to comply with this directive. A critical point of contention was the police's failure to provide the petitioner with a copy of the First Information Report (FIR), which the court noted as a fundamental procedural requirement.
The court observed that police are duty-bound to upload every FIR and cannot deny access to the accused, directly addressing the company's complaint that their request for the document was initially rejected. According to the petition, the FIR was only provided after intervention by the state public prosecutor's office.
Newspace's Defense and Regulatory Framework
Representing Newspace Research and Technologies, counsel presented several key arguments to the court. The drone in question was described as a lightweight prototype weighing approximately 6 kilograms, powered by a Chinese battery. The company emphasized its legitimate operations, highlighting that it has leased nearly 19 acres in Doddaballapura specifically for research and testing purposes.
The firm holds all necessary licences from the Directorate General of Civil Aviation (DGCA) and supplies equipment to the Indian Army, with the drone having been showcased at the Republic Day parade. Newspace has been conducting regular research and development trials at the site for the past four to five years.
Counsel argued that under India's Drone Rules, operations conducted under an R&D licence in a green zone and within private premises fall exclusively under DGCA jurisdiction. Despite this regulatory framework, police registered a suo motu case of criminal trespass, alleging the drone had entered neighboring property.
Incident Details and Police Response
The company maintained that a battery malfunction during testing caused the drone to glide beyond its boundary and land outside its premises. Following this incident, officials from Newspace were allegedly detained at the police station for nearly six hours.
Inspector Sadiq Pasha, who reportedly holds a law degree, told the company that under the Bharatiya Nagarik Suraksha Sanhita (BNSS), only the informant was entitled to receive an FIR copy. The court took particular note of allegations that the officer showed excessive interest in the matter despite being presented with valid licences.
Court's Directive and Interim Protection
Justice Nagaprasanna has sought an explanation from Inspector Pasha through the station house officer of Doddaballapur Rural police station by the next hearing date. The interim order effectively halts all coercive steps against Newspace Research and Technologies until the court examines the police response.
This ruling provides temporary protection to the Bengaluru-based drone research company while the legal process continues. The case highlights ongoing tensions between emerging technology regulations and traditional law enforcement procedures in India's rapidly evolving drone industry.
