- 1 - HC-KAR CNR: KAHC010478452026 NC: 2026:KHC:39146-DB WPHC No. 73 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T W.P.H.C. NO.73 OF 2026 BETWEEN: SMT. RUKHSAR FATHIMA W/O MR. MOHAMMED ASHRAF, AGED ABOUT 31 YEARS, RESIDING AT I CROSS, NEAR MAKKAH MASJID, SHANTINAGAR ISLAMPURA, DODBALLAPURA, BENGALURU RURAL-561203. …PETITIONER (BY SRI MOHAMMED NAWAZ SHARIFF, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOME, THROUGH ITS PRINCIPAL SECRETARY, AMBEDKAR VEEDHI, VIDHANA SOUDHA, BENGALURU-560 001. Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010478452026 NC: 2026:KHC:39146-DB WPHC No. 73 of 2026 2. THE SUPERINTENDENT OF POLICE BENGALURU RURAL DISTRICT, AT NO.5, OPPOSITE VIKRAM HOSPITAL, MILLERS ROAD, BENGALURU-560 052. 3. THE DEPUTY SUPERINTENDENT OF POLICE DODDABALLAPURA SUB DIVISION, DODDABALLAPURA TOWN POLICE STATION COMPLEX, DODDABALLAPURA, KARNATAKA-561 203. 4. THE STATION HOUSE OFFICER DODDABALLAPURA TOWN POLICE STATION, DODDABALLAPURA. …RESPONDENTS (BY SRI B.N. JAGADEESH, S.P.P-I, ALONG WITH SRI THEJESH P., H.C.G.P.) * * * THIS W.P.H.C. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF HABEAS CORPUS OR ANY OTHER APPROPRIATE ORDER OR DIRECTION DIRECTING RESPONDENT NOS.2 TO 4 TO FIND OUT AND TRACE THE WHEREABOUTS OF THE MISSING PETITIONER'S HUSBAND SRI MOHAMMED ASHRAF @ RIYAZ AND TO PHYSICALLY PRODUCE HIM BEFORE THIS HON'BLE COURT AT THE EARLIEST AND HANDOVER HIM TO THE PETITIONER. THIS W.P.H.C. IS COMING ON FOR PRELIMINARY HEARING, 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 CNR: KAHC010478452026 NC: 2026:KHC:39146-DB WPHC No. 73 of 2026 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Writ Petition (Habeas Corpus) is filed seeking the following reliefs: "Issue Writ of Habeas Corpus or any other appropriate order or direction directing the Respondent No.2 to 4 to find out and trace the whereabouts of the missing Petitioner's Husband Sri. Mohammed Ashraf @ Riyaz and to physically produce him before this Hon'ble Court at the earliest and handover him to the Petitioner." 2. We have heard the learned counsel appearing for the petitioner as well as the learned State Public Prosecutor-I appearing for the respondents-State. 3. It is stated by the learned counsel for the petitioner that the petitioner's husband had left his house on 26.07.2023 without informing anyone. It is stated that thereafter the petitioner's husband was traced in Bombay and was brought back to Bengaluru by the Police. It is submitted that thereafter again on 02.05.2024, he has left - 4 - HC-KAR CNR: KAHC010478452026 NC: 2026:KHC:39146-DB WPHC No. 73 of 2026 the house on the pretext of meeting his mother and has not returned. It is stated that though a complaint has been lodged before the Superintendent of Police, Bengaluru Rural District, the petitioner's husband has not been traced. 4. Learned State Public Prosecutor-I for the respondents-State submits that the petitioner's husband had gone missing once in 2023, he had been traced and brought back from Bombay to Bengaluru. Thereafter, he resided for about six months and again went away on 02.05.2024 and the complaint has been lodged on 24.09.2024. It is further submitted that at the last instance, when the petitioner's husband had gone missing, he had specifically given a statement to the effect that he had gone away on his own volition and would inform his family, if he has to go away in future. The details of the statement are also made available. It is further submitted that investigation have been conducted in the complaint - 5 - HC-KAR CNR: KAHC010478452026 NC: 2026:KHC:39146-DB WPHC No. 73 of 2026 preferred by the petitioner and the same has been closed since it was found that the petitioner's husband had gone away on his own volition. 5. Considering the contentions advanced and in view of the fact that there is no allegation of any illegal detention of the petitioner's husband, the writ petition (Habeas Corpus) is closed. However, if any complaint is preferred before the Police, the same shall be looked into. All contentions of the parties are left open. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 2 Sl No.: 1