- 1 - NC: 2025:KHC-D:100-DB WPHC No. 100024 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION HABEAS CORPUS NO. 100024 OF 2024 BETWEEN: SMT. UDDAVVA W/O. PRAKASH MUDHOL, AGE. 38 YEARS, OCC. HOUSEWIFE, R/O. MIRJI VILLAGE, MUDHOL TALUKA, DISTRICT BAGALKOT. PETITION FILED BY WIFE OF DETENU PRAKASH S/O BEERAPPA MUDHOL, AGE. 41 YEARS, OCC. BUSINESS AND AGRICULTURE, JR/O. MIRJI VILLAGE, MUDHOL TALUKA, DISTRICT. BAGALKOTE 587311. …PETITIONER (BY SRI. SRINIVAS B. NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF HOME, VINAYAKA B V Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.10 11:09:28 +0530 - 2 - NC: 2025:KHC-D:100-DB WPHC No. 100024 of 2024 LAW AND ORDER, VIDHAN SOUDHA, BANGALORE 560001. 2. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, BAGALKOT, DISTRICT BAGALKOT-587311. 3. THE SUPERINTENDENT OF POLICE, BAGALKOT, DISTRICT BAGALKOT-587311. …RESPONDENTS (BY SRI. G. K. HIREGOUDAR, GOVT. ADV. FOR R1 TO R3) THIS WPHC IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE DETENTION OF PRAKASH S/O. BEERAPPA MUDHOL, AGE.41 YEARS, OCC.BUSINESS AND AGRICULTURE, R/O MIRJI VILLAGE MUDHOL TALUKA, DISTRICT BAGALKOT, AS ILLEGAL DETENTION BY QUASHING THE ORDER PASSED BY 2ND RESPONDENT DATED 5/11/2024, BEARING NO.DCB/MAG/CR- 36/2024-25 VIDE ANNEXURE-A & B AND ALL CONSEQUENTIAL ACTION OF THE RESPONDENT NO.2 AS ILLEGAL AND VOID ABINITIO AND PASS SUCH OTHER ORDER OR ORDERS DECLARING THE ORDER OF DETENTION AND OTHER APPROVALS AS ILLEGAL AND VOID ABINITIO AND PASS SUCH ORDER OR ORDERS DIRECTING THE RESPONDENTS TO RELEASE OF DETENU FORTHWITH AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 3 - NC: 2025:KHC-D:100-DB WPHC No. 100024 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The petitioner has filed this petition calling in question the second respondent’s Order dated 05.11.2024 [Annexure - A] under the Karnataka Prevention of Dangerous Activity of Boot Leggers, Drug offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1985, asserting that her husband, Sri. Prakash S/o. Bhirappa Mudhol, is illegally detained. Sri. G.K. Hiregoudar, the learned Principal Government Advocate, places on record a copy of the subsequent order dated 12.12.2024, and by this order the detention of the petitioner’s husband under the aforesaid Act is continued for another year with effect from 05.11.2024. Sri. Srinivas B. Naik, the learned counsel for petitioner, submits that he is instructed to file another petition to call in question the subsequent order dated 12.12.2024 and therefore, this Court may list this petition after another week. However, this Court is of the considered view that this petition would not be maintainable as the petitioner’s husband can impugn the present order dated - 4 - NC: 2025:KHC-D:100-DB WPHC No. 100024 of 2024 05.11.2024 as also the subsequent order dated 12.12.2024 for complete adjudication, and therefore, the petition must be disposed of but with liberty to the petitioner’s husband to call in question both these orders. The petition stands disposed off accordingly. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PJ/CT-AN List No.: 1 Sl No.: 5