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2025 DAILYLAW 61622 (KAR)

SUNITA KALE v. THE STATE OF KARNATAKA

WPHC/100038/2025 · 2025-11-05

Geetha K B, S G Pandit

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:15088-DB WPHC No. 100038 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 5TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. HABEAS CORPUS NO. 100038 OF 2025 BETWEEN: SUNITA KALE AGE: 46 YEARS, OCC: HOUSEWIFE, R/O: KAROSHI, NEAR KANNADA SCHOOL, TQ. CHIKKODI, DIST. BELGAVI, KAROSHI. …PETITIONER (BY SRI. B.S. SANGATI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH ITS PRINCIPLE SECRETARY LAW, JUSTICE AND HUMAN RIGHTS DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. 2. SUPERINTENDENT OF POLICE S.P. OFFICE, S.P. OFFICE ROAD, SUBHAS NAGAR, BELGAVI-591115. Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.15 10:45:48 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15088-DB WPHC No. 100038 of 2025 3. THE POLICE INSPECTOR CHIKKODI POLICE STATION, CHIKKODI, DIST-BELGAVI. …RESPONDENTS (BY SRI. G.K. HIREGOUDAR, PRL. GOVERNMENT ADVOCATE) THIS WPHC FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN THE NATURE OF HABEAS CORPUS DIRECTING THE RESPONDENT NO.1 TO 3 TO PRODUCE THE DETUNE SHRI.NETAJI PUNDALIK KALE, AGE.56 YEARS, OCC.PVT WORK, R/O KAROSHI NEAR KANNADA SCHOOL, TQ.CHAKKODI, DIST.BELGAVI, KAROSHI-591226, BEFORE THIS COURT AND GRANT SUCH OTHER RELIEFS AS ARE DEEMED FIT AND NECESSARY UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING THE COST OF THIS WRIT PETITION THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. - 3 - HC-KAR NC: 2025:KHC-D:15088-DB WPHC No. 100038 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) 1. Heard Sri B.S. Sangati, learned counsel for petitioner. 2. Perused the Habeas Corpus petition. This petition is filed under Article 226 of the Constitution of India with a prayer to direct respondent Nos.1 to 3 to produce the detenue Sri Netaji Pundalik Kale resident of Chikkodi, Belgaum district. In the petition, it is alleged that the petitioner approached the jurisdictional police, P.S.I, Chikkodi many times, but the police did not receive the complaint of the petitioner in respect of the missing of her husband, Sri Netaji Pundalik Kale and it is further stated that as the police failed to receive the complaint, she sent the complaint through registered post on 21.08.2025. As there was no action on the complaint, it is stated that the petitioner is before this Court in this Habeas Corpus petition. - 4 - HC-KAR NC: 2025:KHC-D:15088-DB WPHC No. 100038 of 2025 3. Learned Principal Government Advocate Sri G.K. Hiregoudar appearing on behalf of respondent No.3 would submit that on receipt of the petition, he instructed Chikkodi Police to furnish instructions and to get details of whereabouts of Sri Netaji Pundalik Kale. It is submitted that Sri Basagoud Nerli PSI of Chikkodi Police Station along with C.H.C. Sri Kiran K. 2171 has produced the detenue-husband of the petitioner, Sri Netaji Pundalik Kale before this Court. Since Sri Netaji Pundalik Kale is produced before this Court, the Habeas Corpus petition does not survive for consideration. With the above observation, the petition stands disposed of. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE VMB CT-CMU LIST NO.: 1 SL NO.: 23