MADHURI K D/O. K. MANIKUMAR v. THE STATE OF KARNATAKA
WPHC/100020/2025 · 2025-06-30
K V Aravind, R Devdas
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48124 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48124 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:8166-DB WPHC No. 100020 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.100020 OF 2025 BETWEEN:
MADHURI K.
D/O. K. MANIKUMAR W/O. GUNDU JOSEPH, AGE. 28 YEARS, OCC. PRIVATE, R/O. #71 JANATA COLONY, HUBBALLI-580020.
…PETITIONER
(BY SRI. MADAN Y.DESHPANDE, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, HOME DEPARTMENT, VIDHAN SOUDHA, BENGALURU-560001, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY.
2.
COMMISSIONER OF POLICE, HUBBALLI-DHARWAD, NAVANAGAR, HUBBALLI.
3.
POLICE INSPECTOR, VIDYA NAGAR POLICE STATION, PB ROAD, HUBBALLI-580030.
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 10:58:00 +0530
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HC-KAR NC: 2025:KHC-D:8166-DB WPHC No. 100020 of 2025
5.
POLICE INSPECTOR, MANGULI VILLAGE, VIJAPUR DISTRICT, VIJAPUR-586122.
DETAILS OF DETAINEE (HUSBAND OF THE PETITIONER) GUNDU JOSEPH S/O. GUNDU SHYAM BABU, AGE. 28 YEARS, OCC. PRIVATE, R/O. #71 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 GUNDU JOSEPH S/O GUNDU SHYAM BABU, AGE: 28, OCC: PRIVATE, R/O. #71 JANATA COLONY GADAG ROAD, HUBBALLI-580020, WHO HAS BEEN DETAINED BY RESPONDENT NO.2 TO 5 FORM 24.06.2025, 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
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HC-KAR NC: 2025:KHC-D:8166-DB WPHC No. 100020 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
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HC-KAR NC: 2025:KHC-D:8166-DB WPHC No. 100020 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.: 6