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2026 DAILYLAW 18673 (KAR)

SMT MAFIA DEVI v. THE SECRETARY

WPHC/41/2026 · 2026-06-04

Anu Sivaraman, Venkatesh Naik T

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:26436-DB WPHC No. 41 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION (HABEAS CORPUS) NO.41 OF 2026 BETWEEN: SMT. MAFIA DEVI W/O LATE LADHU RAM AGED ABOUT 45 YEARS R/AT No.363, 1ST STAGE 2ND CROSS, KUVEMPUNAGAR JALAHALLI EAST BENGALURU-560 014 …PETITIONER (BY SRI. S. RAJ PRABHU, ADVOCATE) AND: 1. THE SECRETARY HOME DEPARTMENT GOVERNMENT OF KARNATAKA Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:26436-DB WPHC No. 41 of 2026 M.S. BUILDING BENGALURU-560 001 2. STATE OF KARNATAKA BY GANGAMMA GUDI POLICE STATION BENGALURU-560 090 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU …RESPONDENTS (BY SRI. B.A. BELLIYAPPA, SPP-I A/W. SRI. P. THEJESH, HCGP) THIS WP(HC) IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS DIRECTING THE RESPONDENTS TO TRACE, SECURE AND PRODUCE THE MISSING PERSON Ms.BHAVANA SOLANKI BEFORE THIS COURT. 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 VENKATESH NAIK T - 3 - HC-KAR NC: 2026:KHC:26436-DB WPHC No. 41 of 2026 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This Writ Petition (Habeas Corpus) is filed by the mother of the alleged detenue seeking to issue a Writ of Habeas Corpus directing the respondents to trace, secure and produce the petitioner's daughter before this Court. 2. We have heard Shri. S. Raj Prabhu, learned counsel appearing for the petitioner, Shri. B.A. Belliyappa, learned State Public Prosecutor-I along with Shri. P. Thejesh, learned High Court Government Pleader, appearing for the official respondents. 3. The learned SPP-I submitted before us that the statement of the alleged detenue had been recorded. In the statement, she specifically stated that she is a major, aged about 20 years, and that she left her home on her own volition. She has also stated that she does not wish to return to her mother's house or to be troubled anymore by enquiries from her family for reasons best known to her. - 4 - HC-KAR NC: 2026:KHC:26436-DB WPHC No. 41 of 2026 4. Today, when the matter was taken up, the presence of the alleged detenue was secured through Smt. Anjali. L - PSI and Smt. Lakshmi A.N. - WPC 17166 of the Gangamma Gudi Police Station. 5. We had a detailed interaction with the alleged detenue. She has specifically informed us that she is not under any illegal detention and that she is working and is comfortably situated as of now and does not wish to join the writ petitioner or to be troubled any more in this regard. 6. We notice that the alleged detenue is admittedly a major. She is gainfully employed and is residing away from her family on her own volition. There is no element of illegal detention involved in the matter. 7. In the above view of the matter, Writ Petition (Habeas Corpus) stands dismissed, holding that there is no illegal detention of the alleged detenue. - 5 - HC-KAR NC: 2026:KHC:26436-DB WPHC No. 41 of 2026 However, in the event the alleged detenue apprehends any threat to her life or livelihood, she is at liberty to approach the jurisdictional police, who shall provide her with adequate protection in accordance with law. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE CP List No.: 2 Sl No.: 3