RACHAPPA S/O ISHWARAPPA KADASHETTAR v. THE STATE OF KARNATAKA
WPHC/100014/2025 · 2025-06-16
K V Aravind, R Devdas
body2025
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[ 2025 DAILYLAW 50001 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50001 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:7701-DB WPHC No. 100014 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND WPHC NO.100014 OF 2025 BETWEEN:
RACHAPPA S/O ISHWARAPPA KADASHETTAR AGE. 70 YEARS, OCC. AGRICULTURE, R/O JINNUR, TQ. KALAGHATAGI, DIST. DHARWAD. …PETITIONER (BY SRIYUTHS. B.V. SOMAPUR, C.B. SHAKUNAVALLI & N.B. SOMAPUR, ADVOCATES)
AND:
1.
THE STATE OF KARNATAKA R/BY SUPERINTENDENT OF POLICE DIST. DHARWAD.
2.
POLICE INSPECTOR KALGHATAGI POLICE STATION, KALGHATAGI, DIST. DHARWAD.
3. CHANNAPPA S/O HANUMANTHAPPA NAVALGUND AGE. 32 YEARS, OCC. BUSINESS, R/O KURUBARA ONI, NEAR HALESIDDAPPAAJJAN MATHA, UNKAL TQ. HUBALI, DIST. DHARWAD.
4.
NAGARAJ S/O REVANSIDAPPA H.R.
AGE. 25 YEARS, OCC. BUSINESS, R/O HOUSE NO.82,
MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.06.18 10:05:20 +0530
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HC-KAR NC: 2025:KHC-D:7701-DB WPHC No. 100014 of 2025
HAALIVARTHI DAVANGERE DIST. DAVANGERE.
5.
RAVIKUMAR S/O KODANDRAMAYYA AGE. 30 YEARS, OCC. BUSINESS, R/O KODIGIHALLI, AMRTHURU, TUMKUR, DIST. TUMKUR.
6. CHANDRAPPA S/O HANUMANTHAPPA NAVALGUND AGE. 35 YEARS, OCC. BUSINESS, R/O KURUBARA ONI, NEAR HALESIDDAPPAAJJAN MATHA, UNKAL, TQ. HUBLI, DIST. DHARWAD.
7.
HANUMANTHAPPA NAVALGUND AGE. 50 YEARS, OCC. BUSINESS, R/O KURUBARA ONI, NEAR HALESIDDAPPAAJJAN MATHA, UNKAL, TQ. HUBLI, DIST. DHARWAD. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 AND R2)
THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO, ALLOW THIS WRIT PETITION AND ISSUE WRIT OF HABEAS CORPUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION AGAINST THE RESPONDENT NO.1 & 2 TO TRACE AND PRODUCE THE SON OF PETITIONER BY NAME SHRIKANTH BEFORE THIS HON’BLE COURT AND TO TAKE ACTION AGAINST THE RESPONDENT NO.3 TO 7 & 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:7701-DB WPHC No. 100014 of 2025
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS)
Petitioner had lodged a complaint before the respondent-police on 28.03.2025 that his son Srikant was missing from 16.03.2025 and he suspected respondent Nos.3 to 7 to have kidnapped his son. Nevertheless, when no action was taken by the respondent-police, the petitioner filed a private complaint before the Principal Civil Judge and JMFC, Kalaghatagi in PCR No.77/2025. The learned Principal Civil Judge and JMFC, Kalaghatagi referred the matter to the Kalaghatagi police to submit their report regarding the complaint. Even after such directions being given by the learned Principal Civil Judge and JMFC, Kalaghatagi, when the respondent-police failed to trace the petitioner’s son, this Habeas Corpus Writ Petition (WPHC) was filed.
2. This morning the learned AGA moved this court while stating that victim has been traced and he has been brought along with the police.
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HC-KAR NC: 2025:KHC-D:7701-DB WPHC No. 100014 of 2025
3. We have enquired with the victim who is aged about 37 years and he has stated that respondent Nos.3 to 7 kidnapped him and he was kept in a house in Bengaluru and he moved to Holalu, Hadagali Taluk of Vijaynagar District and thereafter Mysuru.
4.
Learned counsel for the petitioner submits that stringent action should be taken against respondent Nos.3 to 7.
5. Nevertheless, since the victim has been traced, this WPHC is required to be closed.
6. At the same time, respondent No.2-Police Inspector, Kalaghatagi Police Station is hereby directed to take action to trace respondent Nos.3 to 7 and thereafter take action against them, in accordance with law, as expeditiously as possible.
7. Although this WPHC is
disposed of, nevertheless, respondent No.2-Police Inspector,
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HC-KAR NC: 2025:KHC-D:7701-DB WPHC No. 100014 of 2025
Kalaghatagi Police Station is directed to file a report before this court regarding action taken.
Ordered accordingly.
Sd/- (R.DEVDAS) JUDGE
Sd/- (K V ARAVIND) JUDGE
MBS, CT:VP LIST NO.: 3 SL NO.: 1