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2025 DAILYLAW 40070 (KAR)

SMT.SUJATHA v. STATE OF KARNATAKA BY

WPHC/125/2025 · 2025-11-21

Anu Sivaraman, Vijaykumar A Patil

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48226-DB WPHC No. 125 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION (HABEAS CORPUS) NO.125 OF 2025 BETWEEN: SMT. SUJATHA W/O GURU PRASAD, AGED ABOUT 40 YEARS, R/AT NO. HEGALATHI, SINGANABIDRE POST, MANDAGADDE, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT 577 220. …PETITIONER (BY SRI. SUNIL KUMAR B. N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY HOME SECRETARY, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE 560 001. 2. THE DEPUTY INSPECTOR GENERAL OF POLICE DAVANAGER DIVISION, DAVANAGERE 577 001. Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48226-DB WPHC No. 125 of 2025 3. THE SUPERINTENDENT OF POLICE SHIVAMOGGA, SAGAR ROAD, SHIVAMOGGA DISTRICT 577 201. 4. DEPUTY SUPERINTENDENT OF POLICE THIRTHAHALLI TALUK, THIRTHAHALLI 577 432. 5. THE STATION HOUSE OFFICER MAALUR POLICE STATION, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT 577 227. …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R1 TO R5) THIS WP(HC) IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HEABIOUS CORPUS ORDER OR DIRECTION IN THE FORM OF A WRIT DIRECTING THE RESPONDENTS NO.3 TO 5 TO SEARCH THE DAUGHTER OF THE PETITIONER AND TAKE HER INTO CUSTODY AND PRODUCED BEFORE THIS COURT BY NAME, NAGASHREE H. G., D/O GURUPRASAD H. S., AGED ABOUT 20 YEARS, RESIDING AT, HEGALATHI VILLAGE, SINGANABIDRE POST, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT WHO IS HEIGHT ABOUT 5 FEET, DARK BROWN COLOUR, MODERATELY BUILT, AND TO PRODUCE HER BEFORE THIS HON'BLE COURT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:48226-DB WPHC No. 125 of 2025 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This Writ Petition (Habeas Corpus) is filed by the mother seeking to produce her daughter before this Court. 2. We have heard the learned counsel appearing for the writ petitioner as well as the learned High Court Government Pleader appearing for respondents No.1 to 5. 3. This Court vide order dated 19.11.2025, passed the following order:- "Learned SPP accepts notice for respondent Nos.1 to 5. It is submitted that the alleged detenue is residing with known person and he would produce the detenue virtually. In view of the said submission, we request the Member Secretary, District Legal Services Authority (DLSA), Shivamogga to facilitate production of the detenue before this Court virtually. - 4 - HC-KAR NC: 2025:KHC:48226-DB WPHC No. 125 of 2025 The Member Secretary, DLSA, Shivamogga shall interact and find out whether the said person is being produced before the Court virtually. Copy of this order shall be forwarded to Member Secretary, DLSA, Shimogga. List on 21.11.2025 at 2:30 in chambers." 4. As per the aforesaid order, the Member Secretary, DLSA, Shivamogga facilitated the alleged detenue to be produced before the Court virtually with the help of Ms. Deepa, WPC 1830 of Maalur Police Station, Thirthahalli Taluk. Shivamogga District. 5. We had a detailed interaction with the detenue. She has submitted that her date of birth is 26.04.2005 and she has studied Para Medical Course. She further submitted that she know Mr. Sudeep, whom she intended to marry. Now, she is residing in the residence of Smt. Suma, who is the sister of Mr. Sudeep. She clearly stated that she has gone and residing with Smt. Suma on her own volition and there is no compulsion from any one. She further submitted - 5 - HC-KAR NC: 2025:KHC:48226-DB WPHC No. 125 of 2025 that she wanted to stay with Smt. Suma in her residence on her own volition. 6. The said submissions are taken on record. 7. In view of the aforesaid submissions, we are of the view that no further orders are required to be passed in the present petition as the alleged detenue is a Major and she is residing with Smt. Suma on her own volition. 8. Accordingly, Writ Petition (Habeas Corpus) is closed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE CP List No.: 16 Sl No.: 1