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2025 DAILYLAW 85395 (KAR)

SHRI SANTOSH S/O. BHAGAVANT KAMBLE v. THE STATE OF KARNATAKA

WPHC/100026/2025 · 2025-08-01

S Sunil Dutt Yadav, Vijaykumar A Patil

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9553-DB WPHC No. 100026 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL W.P.H.C NO. 100026 OF 2025 BETWEEN: SHRI SANTOSH S/O. BHAGAVANT KAMBLE, AGE: 40 YEARS, OCCUPATION: TEACHER, MARAKI TOTA NILAJI VILLAGE, TQ. RAIBAG, DIST. BELAGAVI-591217. …PETITIONER (BY SRI. PRANAV S. KATAGERI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, M.S. BUILDING, BENGALURU-560001. 2. THE SUPERINTENDENT OF POLICE, NEAR IB, RAJENDRA NAGAR, HAVERI, DIST. HAVERI-58111. 3. POLICE SUB-INSPECTOR (PSI), BYADAGI, TALUK. BYADAGI, DIST. HAVERI-581106. 4. SHRI RAMAPPA MANIGER, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:9553-DB WPHC No. 100026 of 2025 AGE ABOUT 60 YEARS, OCC: AGRICULTURE, R/O. HALAGERI VILLAGE, TQ. RANEBENNUR, DIST. HAVERI-581208. 5. SMT. MANJAWA W/O. RAMAPPA MANIGER, AGE ABOUT 55 YEARS, OCC: HOUSEWIFE, R/O. HALAGERI VILLAGE, TQ. RANEBENNUR, DIST. HAVERI-581208. 6. SHRI RAJAPPA MANIGER, AGE: 35 YEARS, OCC: AGRICULTURE, R/O. AGASINAHALLI VILLAGE, TQ. BYADAGI, DIST. HAVERI-581106. …RESPONDENTS (BY SRI. G. K. HIREGOUDAR, GOVT. ADV. FOR R1 TO R3; THIS WPHC IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, 1950, PRAYING TO ISSUE WRIT IN THE NATURE OF HABEAS CORPUS DIRECTING THE RESPONDENTS TO PRODUCE SMT. DEEPA D/O. RAMAPPA MANIGER AFTER MARRIAGE KNOWN AS SMT. DEEPA W/O. SANTOSH KAMBLE AGE: 24 YEARS, RESIDENT OF HALAGERI VILLAGE, TQ. RANEBENNUR, DIST. HAVERI BUT NOW SHE IS DETAINED IN RESPONDENT NO.6 HOUSE IN AGASANAHALLI VILLAGE, TAL: BYADAGI DIST: HAVERI BEFORE THIS HON’BLE COURT FORTHWITH AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 3 - HC-KAR NC: 2025:KHC-D:9553-DB WPHC No. 100026 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This petition is filed by one Sri.Santosh B.Kamble seeking following reliefs: “1. To Issue writ in the nature of HABEAS CORPUS directing the Respondents to produce SMT.DEEPA D/O RAMAPPA MANIGER AFTER MARRIAGE KNOWN AS SMT.DEEPA W/O SANTOSH KAMBLE Age: 24 years, Resident of Halageri village, Tq: Ranebennur, Dist: Haveri but now she is detained in Respondent no.6 house in Agasanahalli Village, Tal: Byadagi Dist: Haveri before this Hon’ble court forthwith. 2. To Issue any other order, directions as deems fit in the circumstances of the case.” 2. On advance notice, the detenue is produced by Smt.Bharati B.Kuri, PSI, Byadagi Police Station before this Court. We had detailed interaction with the detenue. She submits that she had completed her graduation from her native place, the petitioner is her husband, they have married and she stayed with him for a period of three months in her matrimonial house and thereafter, her - 4 - HC-KAR NC: 2025:KHC-D:9553-DB WPHC No. 100026 of 2025 parents took her to their native place at Halageri village, Ranebennur taluk. We have also interacted with Sri.Santosh B.Kamble, the petitioner herein, who submits that by profession he is a Maths Teacher in an unaided school at Chikkodi and he is drawing a salary of Rs.18,000/- per month. He states that he had married the detenue and they are happily residing together in his house at the address mentioned in the cause title. He further stated that the parents of the detenue have come to his place and took her and despite request, they did not send her back to the matrimonial home. Hence, the present petition is filed. 3. The petitioner has filed an affidavit narrating the facts and that he would take care of the detenue and the same is placed on record. 4. After interacting with the parties and taking note of the pleading made in the petition and the material placed, we are of the considered view that the detenue is - 5 - HC-KAR NC: 2025:KHC-D:9553-DB WPHC No. 100026 of 2025 a major and she has clearly stated that she has married to the petitioner and she intends to go with him. In view of the specific submission and as the detenue is now produced before this Court, we do not find any reason to continue with these proceedings. Hence, the proceedings are closed. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE RH /CT-AN List No.: 1 Sl No.: 10