- 1 - NC: 2025:KHC:3638-DB WPHC No. 5 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION HABEAS CORPUS NO. 5 OF 2025 BETWEEN: SMT. NIDHA W/O OMPRAKASH BHATTI AGED 27 YEARS R/AT. 3RD CROSS BYPASS ROAD, URGADUR SHIVAMOGGA-577 201 …PETITIONER (BY SRI. M.B. CHANDRA CHOODA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO THE GOVERNMENT HOME DEPARTMENT, M.S. BUILDING DR. AMBEDKAR VEEDHI BENGALURU-560 001 2. THE POLICE INSPECTOR TUNGANAGAR POLICE STATION SHIVAMOGGA-577 201 3. THE DEPUTY SUPERINTENDENT OF POLICE SHIVAMOGGA CITY SHIVAMOGGA-577 201 Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:3638-DB WPHC No. 5 of 2025 4. SUPERINTENDENT OF POLICE SHIVAMOGGA CITY SHIVAMOGGA-577 201 5. SRI. HADMANRAM BHATTI S/O NOT KNOWN TO THE PETITIONER AGED 60 YEARS R/O. BAVADI, JODHPUR RAJASTHAN-342 037 …RESPONDENTS (BY SRI. B.A. BELLIAPPA, SPP-I WITH SRI. M.V. ANOOP KUMAR, HCGP FOR R1 TO R4; SMT. K.M. ARCHANA, ADVOCATE FOR R5) THIS WP(HC) IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS NO.2 TO 4 TO SECURE THE DETENUE I.E., OMPRAKASH BHATTI S/O HADMANRAM BHATTI, AGED 30 YEARS, R/O. BAVADI, JODHPUR, RAJASTHAN, FROM ILLEGAL DETENTION, TO PRODUCE BEFORE THIS HON'BLE COURT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) We have heard the learned counsel appearing for the writ petitioner as well as the learned counsel appearing for respondent No.5 and the learned HCGP appearing for respondents No.1 to 4. - 3 - NC: 2025:KHC:3638-DB WPHC No. 5 of 2025 2. The petitioner, respondent No.5 as well as the alleged detenue are present before us, today. We have interacted quite extensively with the parties. The partiers have also interacted with each other. 3. The alleged detenue is present in person before us today. He informed us that he is not under illegal detention by his father that he was in a Rehabilitation Centre in Rajasthan and that he has appeared voluntarily before us knowing that this Writ Petition has been filed by his wife. Further, he informed us that he wishes to accompany his wife and he is not being detained from doing so by respondent No.5 or by anybody else. 4. His submissions are recorded. 5. However, we further notice that an FIR had been registered in Crime No.427/2024 by the Tunganagar Police Station, Shivamogga District. We also notice that other person missing complaints were made by respondent No.5 before the Police in Rajasthan. In view of the fact - 4 - NC: 2025:KHC:3638-DB WPHC No. 5 of 2025 that the detenue has appeared before us voluntarily and has submitted that there is no illegal detention involved in the matter, the complaints as well as an FIR already registered shall stand closed and appropriate action to refer these matters will be taken by the respective Police in accordance with law. The detenue is at liberty to accompany the writ petitioner. In case, the detenue or the writ petitioner apprehend any personal harm or threat, they may approach the nearest Police Station, who shall look into the complaint and take necessary action in accordance with the law. 6. It is further submitted by respondent No.5 that the Passport and other Personal and Identity documents of the alleged detenue are available in his custody and will be sent to the alleged detenue at the earliest. 7. The said submission is also recorded. - 5 - NC: 2025:KHC:3638-DB WPHC No. 5 of 2025 8. Accordingly, the petition stands disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE CP List No.: 2 Sl No.: 3