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2025 DAILYLAW 45323 (KAR)

BASAVARAJ S/O SHIVAPPA HUDDAR v. THE STATE OF KARNATAKA

WPHC/100040/2025 · 2025-11-24

Geetha K B, S G Pandit

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:16221-DB WPHC No. 100040 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WPHC NO.100040 OF 2025 BETWEEN: BASAVRAJ S/O SHIVAPPA HUDDAR AGE. 40 YEARS, OCC. AGRICULTURE, R/O WARD NO.19, BASAVANAGAR, MAHALINGAPUR 587312, TQ. MUDHOL, DIST. BAGALKOTE. …PETITIONER (BY SMT. KAVITHA JADAV, ADVOCATE FOR SRI. ARUN L. NEELOPANT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF HOME, LAW & ORDER, VIDHAN SOUDHA, BENGALURU 560001. 2. THE SUPERINTENDENT OF POLICE, NAVANAGAR, BAGALKOTE, DIST. BAGALKOTE 587103. 3. THE POLICE SUB-INSPECTOR, MUDHOL POLICE STATION, MUDHOL 587313, TQ. MUDHOL, DIST. BAGALKOTE. 4. SANGAPPA S/O NAGAPPA SANAKKI AGE. 28 YEARS, OCC. NOT KNOWN, R/O DOUBLE ROAD, BASAVANNA GUDI, SAMAGAR ONI, MAHALINGAPUR, TQ. MUDHOL, DIST. BAGALKOT 583712. …RESPONDENTS (BY SRI. G.K. HIREGOUDAR, PRL. GOV. ADVOCATE FOR R1 TO R3) THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:16221-DB WPHC No. 100040 of 2025 CORPUS DIRECTING THE RESPONDENTS TO PRODUCE THE DETENUE NAMELY KUMARI MADHUSHREE BEFORE THIS HON’BLE COURT & ETC. THIS WPHC COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) This Habeas Corpus Petition is filed under Article 226 of the Constitution of India, praying to direct the respondents to secure and produce the detenue namely Kumari Madhushree, daughter of the petitioner before the Court. 2. Learned Prl. Government Advocate Sri. G.K. Hiregoudar was directed to take notice for respondents No.1 to 3 and emergent notice was issued to respondent No.4. 3. Today, the petitioner is present before the Court, who is identified by his learned counsel. Learned Prl. Government Advocate would submit that respondent No.4 is also present before the Court. 4. Detenue Kumari Madhushree is produced before the Court by Sri. P.S. Muranal, PSI (Crime Branch), Mudhol as well as Smt.R.R.Munyal, WHC, Mudhol Police Station. - 3 - HC-KAR NC: 2025:KHC-D:16221-DB WPHC No. 100040 of 2025 5. On query to the daughter of the petitioner, Kumari Madhushree, as to whether she wants to go with her parents or with respondent No.4-Sangamesh, she states that she would go with respondent No.4. Further, she states that they have got married in a temple. 6. Learned Prl. Govt. Advocate as well as learned counsel for the petitioner would submit that age of the detenue Kumari Madhushree is 18 years and 3 months. Since detenue Kumari Madhushree is 18 years of age, it is for the detenue to take decision either to go with her parents or with respondent No.4. 7. Since detenue Kumari Madhushree is secured and produced before the Court, the prayer of the petitioner would no more survive for consideration. Accordingly, writ petition habeas corpus stands disposed of. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 5