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2025 DAILYLAW 50585 (KAR)

SMT RENUKA W/O AMBARISH BUGASHETTI v. THE STATE OF KARNATAKA

WPHC/100015/2025 · 2025-06-24

K V Aravind, R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:7967-DB WPHC No. 100015 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND WPHC NO.100015 OF 2025 BETWEEN: SMT. RENUKA W/O. AMBARISH BUGASHETTI, AGE. 51 YEARS, OCC. HOUSEHOLD WORK, R/O. GAJENDRAGAD, TQ. RON, DISTRICT. GADAG-582114. …PETITIONER (BY SRI. GANESH RAIBAGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, NRUPATHUNGA ROAD, BENGALURU-560001. 3. THE SUPERINTENDENT OF POLICE, GADAG, DISTRICT GADAG-582101. 4. THE POLICE INSPECTOR, GAJENDRAGAD POLICE STATION, TQ. RON, DISTRICT. GADAG-582114. 5. THE SUB INSPECTOR OF POLICE, GAJENDRAGAD POLICE STATION, TQ. RON, DISTRICT. GADAG-582114. …RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, ADDL. GOVT. ADVOCATE) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:7967-DB WPHC No. 100015 of 2025 THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: a. ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, COMMANDING THE RESPONDENT NOS.3 TO 5 TO IMMEDIATELY CEASE AND DESIST FROM ALL ACTS OF ILLEGAL HARASSMENT, THREATS, SUMMONING, AND ILLEGAL DETENTION OF THE PETITIONER AND HER FAMILY MEMBERS, INCLUDING AMBARISH, CHANDRAKANT, KANAKA, AND JYOTI. b. ISSUE A WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENT POLICE TO STRICTLY FOLLOW THE DUE PROCESS OF LAW IN THE INVESTIGATION OF THE MISSING PERSON COMPLAINT, INCLUDING THE MANDATORY REGISTRATION OF AN FIR, AND TO CONDUCT THE INVESTIGATION THEMSELVES WITHOUT COERCING THE PETITIONER’S FAMILY. c. DIRECT THE RESPONDENT NO.2 (DGP) TO FORTHWITH INITIATE A HIGH-LEVEL, INDEPENDENT INQUIRY, PREFERABLY BY AN OFFICER OF THE RANK OF SUPERINTENDENT OF POLICE FROM A DIFFERENT DISTRICT OR THE STATE CID, INTO THE GRAVE ALLEGATIONS OF ILLEGAL DETENTION, CUSTODIAL TORTURE, AND ABUSE OF POWER BY THE OFFICIALS OF GAJENDRAGAD POLICE STATION. d. DIRECT THE RESPONDENT NO.1 (STATE OF KARNATAKA) TO PAY EXEMPLARY COMPENSATION OF RS.10,00,000/- (RUPEES TEN LAKHS ONLY) OR ANY SUCH AMOUNT THIS COURT DEEMS FIT, TO THE PETITIONER AND HER SON SRI. CHANDRAKANT FOR THE PROFOUND MENTAL AGONY, ILLEGAL CONFINEMENT, AND BARBARIC PHYSICAL TORTURE THEY HAVE ENDURED AND ETC.,. THIS WPHC, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:7967-DB WPHC No. 100015 of 2025 CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) Learned Addl. Government Advocate takes notice for all the respondents. 2. It is stated in this Habeas Corpus Petition that the petitioner is the mother of one Prashant, who is alleged to have eloped with a minor girl. It is stated that instead of conducting a lawful investigation, the respondents have unleashed a reign of terror on the petitioner’s family. They have subjected her other son Chandrakant to prolonged illegal detention and brutal custody. However, in the prayer what is sought is a writ of mandamus to direct the respondent authorities to immediately cease and desist from all acts of illegal harassments, threats, summoning and illegal detention of the petitioner and her family members including Ambarish, Chandrakant, Kanaka and Jyothi. 3. When a question is posed to the learned counsel for petitioner as to who is in illegal detention with the - 4 - HC-KAR NC: 2025:KHC-D:7967-DB WPHC No. 100015 of 2025 respondent-Police, there is no specific answer coming from the petitioner. It is clear from the averments made in the Writ Petition itself that the petitioner is contending harassment at the hands of the respondent-Police pursuant to the complaint said to have been lodged by the minor girl’s parents. 4. In the considered opinion of this Court, having regard to the averments made in the Writ Petition, it is clear that it is not a case for filing a Habeas Corpus Petition. If the petitioner is alleging harassment at the hands of the respondent-Police, there are other methods which are available in law for the petitioner and the petitioner may avail of such recourse in law. 5. Accordingly, the Writ Petition stands dismissed. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE NAA CT: UMD/List No.: 1 Sl No.: 1