- 1 - NC: 2025:KHC:7579-DB W.P.H.C. No.89/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL W.P.H.C. NO.89/2024 BETWEEN: LOLAMMA W/O DAVIS AGED ABOUT 64 YEARS MOYALAN HOUSE UNITY ROAD, KURIACHIRA THRISSUR-680 006. …PETITIONER (BY SRI. VINCENT P.J. ADV., [ABSENT]) AND: 1. THE STATE OF KARNATAKA HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560001 REP. BY ITS SECRETARY. 2. THE COMMISSIONER BENGALURU CITY INFANTRY ROAD BENGALURU-560001. 3. THE STATION HOUSE OFFICER MADIWALA POLICE STATION HOSUR MAIN ROAD MADIWALA BENGALURU-560068 REPRESENTED BY Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7579-DB W.P.H.C. No.89/2024 MADIWALA CITY POLICE. 4. JOMY PAULY AGED ABOUT 47 YEARS S/O PAULY KATTOKARAN 4TH CROSS ROAD, TAVAREKERE MARUTHI NAGAR, BENGALURU-560 068. …RESPONDENTS (BY SRI. B.A. BELLIAPPA, SPP-I WITH SRI. M.V. ANOOP KUMAR, HCGP FOR R1 TO R3 SRI. MURTUZA ALI BAIG, ADV., FOR R4) THIS WPHC IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS OR ANY OTHER WRIT OR ORDER, DIRECTING THE RESPONDENT NO.1 TO 3 TO PRODUCE THE BODY OF THE PETITIONER'S DAUGHTER BY NAME MIMI DEVIS BEFORE THIS HONBLE COURT & 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 MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This Writ petition is filed seeking the following reliefs: "i) Issue a Writ of Habeas Corpus or any other writ or order, directing the respondent No.1 to 3 to produce the body of the petitioner's daughter by name Mimi Devis before this Honorable Court. - 3 - NC: 2025:KHC:7579-DB W.P.H.C. No.89/2024 ii) Grant such other relief as this Honorable Court deems fit to grant in the circumstances of the case, in the interest of justice and equity." 2. When the matter is taken up, there is no appearance for the petitioner. However, a status report by way of an affidavit has been placed on record by the learned SPP. It is stated that respondent No.4, who is the husband of the missing person had filed a complaint on 23.07.2024 at the Madivala police station alleging the missing of the writ petitioner's daughter. It is submitted that earnest attempts have been taken to trace out the missing person and that it is revealed that there were serious financial irregularities which were alleged to have been committed by the missing person. 3. Respondent No.4 has also placed a detailed affidavit on record and contends that the writ petitioner's daughter has gone away from her place of residence in Bengaluru on her own volition and that there is no question of any illegal detention. - 4 - NC: 2025:KHC:7579-DB W.P.H.C. No.89/2024 4. Having considered the contentions advanced and in view of the status report as well as the affidavit placed on record by respondent No.4, we find that the complaint preferred by respondent No.4 is being enquired into by the police. The enquiry and investigation into the complaint can proceed. The writ petitioner as well as respondent No.4 shall cooperate with the investigation and appropriate steps to trace out the missing person shall be taken by the police, without delay. With the above directions, the writ petition stands disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 2 Sl No.: 2