- 1 - HC-KAR NC: 2025:KHC:25296-DB WPHC No. 65 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION HABEAS CORPUS NO. 65 OF 2025 BETWEEN: MR. SHARFUDDIN S/O SAMAD AGED ABOUT 27 YEARS R/AT. FATHIMA MINAAR TOWN COMPOUND BEEBI ALABI ROAD, BANDER MANGALORE-575 001 …PETITIONER (BY SRI. TALHA ISMAIL BENGRE, ADVOCATE) AND: 1. POLICE INSPECTOR JIGANI PS BENGALURU APC CIR, RD, ITTINA NAGAR JIGANI, KARNATAKA 2. THE COMMISSIONER ALI ASKAR ROAD VASANTH NAGAR BENGALURU KARNATAKA-560 001 3. INSPECTOR GENERAL OF POLICE POLICE HEAD QUARTERS No.2, NRUPATHUNGA ROAD BEGNALURU-560 001 Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25296-DB WPHC No. 65 of 2025 4. THE SECRETARY HOME DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU-560 001 5. UNION OF INDIA REP. BY FOREIGN REGIONAL REGISTRATION OFFICE 5TH FLOOR, ‘A’ BLOCK, TTMC BMTC BUS STAND BUILDING KENGAL HANUMANTAIAH ROAD NGO COLONY, SHANTHI NAGAR BENGALURU KARNATAKA-560 027 …RESPONDENTS (BY SRI. B.A. BELLIAPPA, SPP-1 A/W. SRI. THEJESH, HCGP FOR R1 TO R4; SRI. VINAY VENUGOPAL, DGC FOR R5) THIS WP(HC) IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, BY THE PETITIONER, WHEREIN PRAYS THAT THE HON’BLE COURT MAY BE PLEASED TO ISSUES A WRIT OF HABEAS CORPUS AND DIRECT THE RESPONDENT No.1 AND 2 POLICE TO PRODUCE THE PETITIONER WIFE AND NEW BORN CHILD BY NAME Ms. SEEMA AND SUHAN BEFORE THIS HON'BLE COURT, AND PASS SUCH NECESSARY ORDER/S AS THIS HON'BLE COURT DEEMS FIT. 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:25296-DB WPHC No. 65 of 2025 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel appearing for respondent No.5 submits that the detenue has been placed under movement restriction at the Foreigners Restriction Centre for Women at Tumakur, vide an order dated 02.06.2025. 2. It is submitted by learned Special Public Prosecutor appearing for the respondent- State that the writ petitioner is also in judicial custody in connection with a crime under the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short). 3. It is further submitted that incase the identity and the travel documents of the detenue are produced before the Foreigners Regional Registration Officer (RFO), the order restricting movement of the detenue can be recalled. 4. In the above view of the matter, this writ petition is disposed of without prejudice to the rights of the petitioner or the detenue to move the appropriate authority in accordance with law, seeking to recall the movement restriction order. The right of the parties to move necessary applications with regard - 4 - HC-KAR NC: 2025:KHC:25296-DB WPHC No. 65 of 2025 to the minor child is also left open. On the valid travel documents or citizenship documents being produced by the petitioner or the detenue, appropriate action shall be taken in accordance with law. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE PN List No.: 2 Sl No.: 2