- 1 - HC-KAR NC: 2025:KHC-D:8168-DB WPHC No. 100022 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND WPHC NO.100022 OF 2025 BETWEEN: NISHA CHANDAN RAJ PAILLAI W/O. CHANDAN RAJ PAILLAI, AGE. 26 YEARS, OCC. HOME MAKER, R/O. H.NO.383, JANATA COLONY, GADAG ROAD, HUBBALLI-580020. …PETITIONER (BY SRI. MADAN Y.DESHPANDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, HOME DEPARTMENT VIDHAN SOUDHA, BENGALURU-560 001, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY. 2. COMMISSIONER OF POLICE, HUBBALLI-DHARWAD, NAVANAGAR, HUBBALLI. 3. CIRCLE POLICE INSPECTOR, KESHWAPUR POLICE STATION, KESHWAPUR HUBBALLI-580031. 4. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, SOLAPUR ROAD, VIJAPUR-586101. SAROJA HANGARAKI Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench Date: 2025.07.01 10:58:01 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8168-DB WPHC No. 100022 of 2025 5. POLICE INSPECTOR, MANGULI VILLAGE, VIJAPUR DISTRICT, VIJAPUR-586122. DETAILS OF DETAINEE (HUSBAND OF THE PETITIONER) CHANDAN RAJ S/O. VARADARAJ PILLAI, AGE. 29 YEARS, OCC. PRIVATE, R/O. H.NO.383, JANATA COLONY, GADAG ROAD, HUBBALLI-580020. …RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, ADDL. GOVT. ADVOCATE) THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN ORDER OR DIRECTION OR WRIT IN THE NATURE OF WRIT OF HABEAS CORPUS DIRECTING THE RESPONDENTS’ NO.2 TO 5 TO PRODUCE THE DETAINEE HUSBAND OF THE PETITIONER BY NAME CHANDAN RAJ S/O VARADARAJ PILLAI, AGE.29, OCC. PRIVATE, R/O. H.NO.383 JANATA COLONY, GADAG ROAD, HUBBALLI-580020 WHO HAS BEEN DETAINED ILLEGALLY BY RESPONDENT NO.2 TO 5 FROM 25.06.2025, BEFORE THIS COURT AND ETC.,. THIS WPHC, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND - 3 - HC-KAR NC: 2025:KHC-D:8168-DB WPHC No. 100022 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) On the previous date of hearing, although this court recorded the submission of the learned AGA that the husband of the petitioner was taken into custody on 27.06.2025 and that he was produced before the jurisdictional Magistrate on 27.06.2025, nevertheless, this court found certain overwriting in the FIR, and therefore, directed the concerned officer to furnish an explanation giving exact dates as to when the husband of the petitioner was arrested, the place from where he was arrested and time at which he was arrested. Accordingly, the learned AGA has today filed an affidavit of Sri.Ramesh Awaji, Circle Police Inspector, Rural Circle, Vijayapur District. 2. It is stated in the affidavit that the accused persons were taken into custody by the PSI, Managuli P.S. at Hubballi Gabbur Cross on 26.06.2025 at 22.00 hours and were produced before the Circle Police Inspector at - 4 - HC-KAR NC: 2025:KHC-D:8168-DB WPHC No. 100022 of 2025 4.00 hours, in the morning and therefore, the correct dates are 26.06.2025 and 27.06.2025 and by mistake the month was wrongly shown as ‘05’ instead of ‘06’. The same has been corrected in the FIR also. 3. The affidavit filed by the Circle Police Inspector, Rural Circle, Vijayapur District is taken on record and the explanation offered, being reasonable, is accepted. Nevertheless, liberty is reserved to the petitioner and the accused person to raise any such ground pertaining to the date of arrest and the production before the jurisdictional Magistrate. 4. The writ petition (habeas corpus) is accordingly disposed of Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE MBS CT: UMD List No.: 1 Sl No.: 8