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2026 DAILYLAW 17176 (KAR)

DHANANJAYA R v. THE STATE OF KARNATAKA

WPHC/36/2026 · 2026-04-15

Jayant Banerji, Rajesh Rai K

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:20506-DB WPHC No. 36 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION HABEAS CORPUS NO. 36 OF 2026 BETWEEN: DHANANJAYA.R, AGED ABOUT 42 YEARS, S/O. LATE RAJGOPAL. K, R/AT. NO.703, 2ND CROSS, ADHARSHA NAGARA, ARASHINAKUNTTE, NELAMANGALA TOWN, BENGALURU-562 123. …PETITIONER (BY SRI.TUMBIGI PRABHUGOUDA BASAVANTARAYAGOUDA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE SUPERINTENDENT OF POLICE, BENGALURU RURAL DISTRICT, NO.5, MILLERS ROAD, OPPOSITE VIKRAM HOSPITAL, VASANTH NAGAR, BENGALURU-560 051. Digitally signed by KAVYA G Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20506-DB WPHC No. 36 of 2026 3. THE STATION HOUSE OFFICER, NELAMANGALA TOWN POLICE, NELAMANGALA, BENGALURU RURAL DISTRICT-562 123. 4. PREETHAM.D, AGED ABOUT 21 YEARS, S/O. LATE DEVARAJA, R/O. CHEERANAHALLI, KOTHATHI HOBLI, MANDYA TALUK AND DISTRICT-571 403. 5. SMT. NAGARATHNAMMA, AGED ABOUT 42 YEARS, W/O. LATE DEVARAJA, R/O. CHEERANAHALLI, KOTHATHI HOBLI, MANDYA TALUK AND DISTRICT-571 403. …RESPONDENTS (BY SRI.THEJESH.P., HCGP FOR R1 TO R3) THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WHEREIN PETITIONER PRAYS THAT THE HON’BLE COURT BE PLEASED TO (I) ISSUE WRIT OF HABEAS CORPUS TO DIRECT THE RESPONDENT NOS.1 TO 3 TO TRACE SECURE AND PRODUCE THE DAUGHTER OF THE PETITIONER MS.VINUTH.D BEFORE THIS HON'BLE COURT AND (2) TO ISSUE DIRECTION TO THE RESPONDENT NOS.1 TO 3 TO TAKE APPROPRIATE ACTION AGAINST THE RESPONDENT NO.4 AND 5 UNDER THE PROVISIONS OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT AND OTHER PENAL LAWS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2026:KHC:20506-DB WPHC No. 36 of 2026 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) This writ petition is filed seeking to trace, secure and produce the corpus of the daughter of the petitioner by name Ms. Vinutha D. Further relief is to take appropriate action against the Respondents No.4 & 5 under the provisions of the POCSO Act, 20121 and other penal laws. 2. From the record it appears that the FIR dated 28.03.2026 was lodged at Nelamangala Town Police Station in Bengaluru District under the provisions of BNSS, 20232 for missing person. The complainant is admittedly the petitioner, who has stated that the age of his daughter is 19 years. They suspect the boy namely Preetham, who is stated to be the Respondent No.4 herein is the person, who is responsible for the missing of his daughter. 3. The aforesaid FIR being filed on 28.03.2026, given the nature of the allegations made in the FIR, no interference under Article 226 of the Constitution of India is called for particularly given the fact that the investigation is continuing. 1 Protection of Children from Sexual Offences Act, 2012, 2 Bharatiya Nagarik Suraksha Sanhita, 2023. - 4 - HC-KAR NC: 2026:KHC:20506-DB WPHC No. 36 of 2026 In case the petitioner has any objections as to the manner of investigation, as contended by the learned counsel for the petitioner, it is for the petitioner to move the jurisdictional Magistrate under the relevant provisions of the BNSS, 2023. 4. The daughter of the petitioner namely Ms. Vinutha D., has been produced by the police and she has been queried by the Court as to whether she left voluntarily with the aforesaid Preetham or she was forcibly taken away by him against her Will, she responded that she has gone with him voluntarily. Such being the fact, even otherwise, no interference would be called for in this petition. This petition is therefore dismissed. Sd/- (JAYANT BANERJI) JUDGE Sd/- (RAJESH RAI K) JUDGE KGR List No.: 3 Sl No.: 1