- 1 - NC: 2025:KHC-D:4780-DB WPHC No. 100006 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA WRIT PETITION (HABEAS CORPUS) NO.100006 OF 2025 BETWEEN: TOTANAGOUDA S/O. SANGANAGOUDA PATIL AGE: 76 YEARS, OCC: AGRICULTURE, R/O: BENKANANAKOPPA 582207, AT POST CHIKKANARAGUND, TQ. NARAGUND, DIST. GADAG …PETITIONER (BY SRI. C.S SHETTAR, ADVOCATE) AND: 1. THE SUPERINTENDENT OF POLICE S.P. OFFICE, GADAG 582101. 2. THE INSPECTOR OF POLICE NARAGUND POLICE STATION NARAGUND 582207, DIST GADAG. …RESPONDENTS (BY SRI G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1 & R2) THIS WPHC FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS DIRECTING THE RESPONDENTS 1 AND 2 TO PRODUCE THE DETENUE NO. 1 AND 2 BEFORE THIS COURT; AND ETC. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.03.21 12:02:50 +0530 - 2 - NC: 2025:KHC-D:4780-DB WPHC No. 100006 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND HON'BLE MR. JUSTICE G BASAVARAJA ORAL ORDER (PER: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM) This petition is filed seeking direction against respondents 1 to 2 to produce the detenue before the Court. 2. The Learned Principal Government Advocate, upon instructions, submits that the detenues were summoned to police station relating to ongoing family disputes related to agricultural lands, which have also led to civil litigation. However, it is evident from the submissions of the detenue that they were unlawfully confined in the police station for two consecutive days, without any legal justification. Such actions by law enforcement authorities, particularly in matters concerning civil disputes, amount to a blatant violation of fundamental rights guaranteed under the Constitution. The role of the police is to maintain law and order, and they have no jurisdiction to intervene in purely civil matters by arbitrarily detaining individuals without due process. The illegal confinement of detenue amounts to a serious abuse of power - 3 - NC: 2025:KHC-D:4780-DB WPHC No. 100006 of 2025 and highlights a troubling trend of police overreach, wherein officers take extrajudicial actions under the pretext of inquiry, often at the behest of influential parties. While the learned Principal Government Advocate has assured this Court that such lapses shall not occur in the future, it is imperative to remind officers that any further violations of fundamental rights by law enforcement, will invite serious consequences. However, taking a lenient view on the present instance, the Court refrains from taking stringent action against the concerned officers, with the expectation that necessary corrective measures shall be implemented to prevent the recurrence of such unlawful detentions. 3. Recording the submission of learned Principal Government Advocate, the petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE Sd/- (G BASAVARAJA) JUDGE lnn LIST NO.: 3 SL NO.: 1