- 1 - HC-KAR NC: 2025:KHC:20806-DB WPHC No. 58 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION HABEAS CORPUS NO. 58 OF 2025 BETWEEN: RABIYA BANSARI DAUGHTER OF IBRAHIM KHAN W/O RAHUL N. AGED ABOUT 25 YEARS RESIDING AT No.34, 1ST MAIN ROAD NEAR GANGAMMA TEMPLE PARVATHY PURAM BENGALURU-560 004 …PETITIONER (BY SRI. NAMAN VANKDARI M., ADVOCATE) AND: 1. THE STATE-BY THE INSPECTOR V V PURAM POLICE STATION (REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001 2. THE COMMISSIONER OF POLICE BENGALURU ALI ASKAR ROAD VASANTH NAGAR BENGALURU-560 051 Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20806-DB WPHC No. 58 of 2025 3. THE DIRECTOR GENERAL OF POLICE KARNATAKA No.2, POLICE HEADQUARTERS NRUPATHUNGA ROAD BENGALURU 4. THE DEPUTY COMMISSIONER OF POLICE SOUTH DIVISION, BENGALURU GUPTA LAYOUT, BASAVANAGUDI BENGALURU-560 004 5. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU-560 001 …RESPONDENTS (BY SRI. B.A. BELLIAPPA, SPP-I A/W. SRI. P. THEJESH, HCGP FOR RESPONDENTS) THIS WP(HC) IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, BY THE PETITIONER, WHEREIN PRAYS THAT THE HON'BLE COURT MAY BE PLEASED TO (a) ISSUE THE WRIT OF HABEAS CORPUS UNDER ARTICLE 226 OF THE CONSTITUTE OF INDIA TO RESPONDENT Nos.1, 2, 3 AND 4 TO PRODUCE THE HUSBAND OF THE PETITIONER SHRI. RAHUL N., AGED ABOUT 28 YEARS S/O LATE NAGARAJ N., RESIDING AT No.34, 1ST MAIN ROAD, NEAR GANGAMMA TEMPLE, PARVATHY PURAM, BENGALURU-560 004 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO - 3 - HC-KAR NC: 2025:KHC:20806-DB WPHC No. 58 of 2025 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This writ petition is filed seeking the following reliefs; "a. Issue the Writ of Habeas Corpus under Article 226 of The Constitution of India to Respondent No.1,2,3 and 4 to produce the husband of the Petitioner Shri Rahul N, aged about 28 years, S/o Late Nagaraj N, residing at No.34, 1st Main Road Near Gangamma Temple, Parvathy Puram, Bengaluru - 560004. b. Direct the Respondent Police to find out where has he been kept and under what legal circumstances and grounds has be been kept in the said c. Direct the respondent authorities to conduct a departmental inquiry into the conduct of the police officials responsible for the illegal detention of the Petitioner and to initiate appropriate disciplinary action against them, with a compliance report to be submitted before this Honourable Court within 30 days from the date of the said dereliction of duty. d. Award reasonable compensation to the Petitioner for unnecessarily inflicting mental torture, trauma and harassment by illegally detaining him and for violating his fundamental rights. e. To pass any such other orders that this Honourable Court deems fit under the facts and circumstances of the case in the interest of justice and equity." - 4 - HC-KAR NC: 2025:KHC:20806-DB WPHC No. 58 of 2025 2. Though the matter was moved for today, when the matter is taken up, there is appearance on behalf of the petitioner. 3. Learned Special Public Prosecutor appearing for the respondent- State submits that W.P.No.17101/2025 has already been filed by the alleged detenue on 13.06.2025, seeking directions to declare that his detention is illegal and in violation of Articles 21 and 22 of the Constitution of India. 4. In the above view of the matter, since the detenue himself is before this Court in W.P.No.17101/2025 and the question whether the detention is valid or not is under consideration, we are of the opinion that the prayer sought for in this writ petition, which is for production of petitioner's husband before this Court is not maintainable. Accordingly, WPHC No.58/2025 is dismissed. - 5 - HC-KAR NC: 2025:KHC:20806-DB WPHC No. 58 of 2025 W.P. No.17101/2015 is returned to be considered by the appropriate Court in accordance with law. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE PN List No.: 2 Sl No.: 2