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2025 DAILYLAW 69052 (KAR)

SRI MANOHARA P v. STATE OF KARNATAKA

WPHC/127/2025 · 2025-12-04

Anu Sivaraman, Vijaykumar A Patil

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50854-DB WPHC No. 127 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION (HABEAS CORPUS) NO. 127 OF 2025 BETWEEN: SRI. MANOHARA P. S/O PRASANNAPPA AGED ABOUT 26 YEARS R/AT. INDIRA NAGARA MALUR TALUK KOLAR DISTRICT-563 130 …PETITIONER (BY SRI. NITIN A.M, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001 2. SUPERINTENDENT OF POLICE BENGALURU RURAL DISTRICT BENGALURU-560 001 3. CIRCLE INSPECTOR OF POLICE SARJAPUR POLICE STATION BENGALURU RURAL DISTRICT-562 125 4. STATION HOUSE OFFICER MALUR POLICE STATION KOLAR DISTRICT-563 130 Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50854-DB WPHC No. 127 of 2025 5. MR. NARAYAANAPPA S/O UNKNOWN AGED ABOUT 50 YEARS R/AT. MUGALURU VILLAGE SARJAPURA HOBLI, ANEKAL TALUK BENGALURU DISTRICT-562 120 6. SMT. MANJAKSHI D/O NARAYAANAPPA W/O MANOHARA AGED ABOUT 19 YEARS R/AT. MUGALURU VILLAGE SARJAPURA HOBLI, ANEKAL TALUK BENGALURU DISTRICT-562 120 VCO DATED 03.12.2025 RESPONDENT NO.6 IS DELETED …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R1 TO R4; V.C.O. DATED 03.12.2025, R6 IS DELETED FROM ARRAY OF PARTIES) THIS WP(HC) IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF HABEAS CORPUS DIRECTING RESPONDENTS NO.1 TO 4 TO PRODUCE RESPONDENT No.6 (DETENUE) BEFORE THIS COURT FORTHWITH AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2025:KHC:50854-DB WPHC No. 127 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Heard Shri. A.M. Nitin, learned counsel appearing for the petitioner and Shri. P. Thejesh, learned High Court Government Pleader appearing for respondents No.1 to 4. 2. This writ petition (Habeas Corpus) is filed by Shri. Manohar P, seeking for production of his wife before the Court by making assertions that his wife and himself got married on 14.11.2025 at Shree Siddheshwara Alayam, Dodda Tirupati, Andhra Pradesh. 3. Based on such assertions, notice was ordered by this Court on 03.12.2025 to respondents No.1 to 4. 4. Smt. Sabana Yassem, Woman PSI, is present along with the alleged detenue. 5. We had a detailed discussion with the detenue. She states that she is a major and pursuing her first year B.Com., course. She further states that she had married with the petitioner on 14.11.2025. - 4 - HC-KAR NC: 2025:KHC:50854-DB WPHC No. 127 of 2025 6. After detailed interaction in chambers, she stated that she was presently residing with her parents. However, she intend to go with the petitioner. 7. Her statement is placed on record. 8. We also interacted with Smt. Mala, who is a cousin-sister of the detenue. She stated that their family is not willing to send her with the petitioner. 9. Be that as it may, we have also interacted with the petitioner. He stated that he has married with the detenue on 14.11.2025 and he is ready to take his wife to the matrimonial home. He also assured that he will take care of his wife. 10. His statement is placed on record. 11. After the detailed interactions with the detenue and others, when the detenue is clearly of the opinion that she intends to go with the petitioner and there is no illegal detention, we are of the view that the present proceedings - 5 - HC-KAR NC: 2025:KHC:50854-DB WPHC No. 127 of 2025 are required to be closed recording that the detenue intend to go with the petitioner. 12. At this stage, learned counsel appearing for the petitioner submits that the family members of the detenue may cause harm to the petitioner and to his wife. 13. In view of the said statement, we direct respondent No.4-Station House Officer, Malur, to take care of such situations and if need arises, provide necessary assistance and protections to the petitioner and his wife. 14. With the above said direction, this writ petition (Habeas Corpus) stands disposed of. 15. The petitioner as well as the detenue submit that they will get their marriage registered in accordance with law. The said statement is placed on record. 16. The learned High Court Government Pleader is directed to instruct the officers to provide necessary - 6 - HC-KAR NC: 2025:KHC:50854-DB WPHC No. 127 of 2025 protection and escort facilities to the detenue and the petitioner. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE CP List No.: 46 Sl No.: 1