- 1 - HC-KAR CNR: KAHC010452032026 NC: 2026:KHC:39948-DB WPHC No. 68 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION (HABEAS CORPUS) NO. 68 OF 2026 BETWEEN: 1. SRI. NARENDRA KUMAR AGED ABOUT 33 YEARS S/O HARJI RAM JI R/AT: BERA GAGAJALIY SESLI ROAD, BALI, PALI RAJASTHAN - 306701 …PETITIONER (BY SRI. RAJESH RAO K., ADVOCATE) AND: 1. RAMANAGARA TOWN PS REP. BY S.H.O MADIPETA BALAGERI AGRAHARA RAMANAGARA-562159 2. THE SUPERITENTDENT OF POLICE ADDRESS AT: POLICE BHAVAN B M ROAD RAMANAGARA - 562159 3. THE DEPUTY INSPECTOR GENERAL OF POLICE (DIG ) CENTRAL RANGE Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010452032026 NC: 2026:KHC:39948-DB WPHC No. 68 of 2026 NO.1 NRUPATHUNGA ROAD BENGALURU - 560 001 4. THE STATE OF KARNATAKA REPRESENTD BY THE PRINCIPAL SECRETARY MINISTRYOF HOME DEPARTMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE - 560 001 …RESPONDENTS (BY SRI. B N JAGADEESHA, SPP-I ALONG WITH SRI. THEJESH P., HCGP AND MS. NAVYASHREE T G., ADVOCATE FOR RESPONDENTS- STATE) THIS WPHC IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF HABEAS CORPUS DIRECTING THE RESPONDENTS TO PRODUCE SRI VENARAM CHOUDHARY BEFORE THIS HON'BLE COURT FORTHWITH. AS PER R(J) NOTIFICATION NO.138/2025 (HCLC NO.190/25) DATED 29/01/2026 THE FOLLOWING OFFICE OBJECTIONS ARE RAISED 1. COURT FEE OF RS.12 TO BE PAID. 2.MAINTAINABILITY OF INTERIM PRAYER TO BE CLARIFIED 3. PETITIONER NAME TO BE STATED BELOW THEIR SIGNATURE AT VAKALATH. 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 CNR: KAHC010452032026 NC: 2026:KHC:39948-DB WPHC No. 68 of 2026 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This Writ Petition (Habeas Corpus) is filed seeking the following relief: "Wherefore, the Petitioner most respectfully prays that this Hon'ble Court may be pleased to direct the Respondents to forthwith secure and produce the detenue, Sri Venaram Choudhary, before this Hon'ble Court and to place on record the authority and records under which he is being detained, pending disposal of the present Writ Petition, and to pass such other or further orders as this Hon'ble Court deems fit in the interests of justice and equity." 2. We have heard the learned counsel for the petitioner and perused the documents placed on record, as well as the averments made in the writ petition. The short averments in the writ petition are that an FIR had been registered against one Sri Thanaram (Annexure-A) and that, despite an interim order passed by this Court, the respondent- Police illegally apprehended Sri Venaram Choudhary from Mumbai on 29.06.2026. - 4 - HC-KAR CNR: KAHC010452032026 NC: 2026:KHC:39948-DB WPHC No. 68 of 2026 3. It is further stated that the said detenue was taken into custody without issuing any lawful notice or following due procedure and that he was in illegal custody of the police. It is stated that he had not been produced before the jurisdictional magistrate within the statutory period and had been detained in illegal custody by the police as on the date when the writ petition was filed i.e. 02.07.2026. The writ petition was therefore moved on 02.07.2026 by mentioning the matter before the Court. 4. When the matter came up on 03.07.2026, the learned State Public Prosecutor accepted notice for the respondents and placed a memo along with documents on record. The memo was accepted, and the learned SPP was granted time to file an affidavit along with supporting documents. Status report by way of an affidavit was also placed on record on 17.07.2026. The first affidavit placed on record by the learned SPP would show that notices had been issued to the alleged detenue, Sri Venaram Choudhary, in connection with the investigation in Crime No.112/2025 of Ramanagara Town Police Station, on 29.06.2026 and again on 02.07.2026. It is - 5 - HC-KAR CNR: KAHC010452032026 NC: 2026:KHC:39948-DB WPHC No. 68 of 2026 submitted that the detenue had not been apprehended by the police on 29.06.2026, as stated by the writ petitioner, or on any day thereafter till 02.07.2026. 5. In the second affidavit, the details of the call records of the detenue, which show that he had been travelling from Mumbai to Ramanagara by road on the said dates, have also been placed on record. Further, photographs and CCTV footage showing that the alleged detenue was not apprehended and was free on the said dates have also been produced. 6. The alleged detenue has placed on record an affidavit dated 13.07.2026, wherein it is stated that, as on 29.06.2026, he was present with his cousin, Sri Suresh Choudhary, at Magnet Mall, Bhandup, Mumbai, Maharashtra. It is stated that certain persons approached them, identified themselves as police officers attached to Ramanagara Town Police Station, and informed him that he was required in connection with the investigation into Crime No.112/2025. It is alleged that he was taken to the Bhandup Police Station in a Volkswagen Polo car and was required to sign certain papers containing statements at the police station. Thereafter, he was - 6 - HC-KAR CNR: KAHC010452032026 NC: 2026:KHC:39948-DB WPHC No. 68 of 2026 required to accompany the police officers to Bangalore for further enquiry. He states that he travelled in the Kia Seltos car belonging to his cousin, Suresh, and that they reached Ramanagara Town Police Station on 01.07.2026. Further, it is stated that he was made to remain at the police station till 9.00 p.m. and, thereafter, the police directed him and his cousin to stay in a nearby hotel, and police constables were deputed to accompany them. 7. Further, it is stated that he checked out of the hotel and shifted to another hotel near Race Course Road, Bengaluru, on the following day. It is stated that he was aggrieved by his alleged illegal apprehension and continued restraint, which was the reason for the filing of the Writ Petition (Habeas Corpus). 8. We notice that the Writ Petition (Habeas Corpus) was filed specifically stating that the alleged detenue had been taken into custody on 29.06.2026 at Mumbai and had been detained in custody till the filing of the writ petition on 02.07.2026. When the matter came up before this Court on 03.07.2026, even according to the writ petitioner, there was no - 7 - HC-KAR CNR: KAHC010452032026 NC: 2026:KHC:39948-DB WPHC No. 68 of 2026 illegal detention, and the alleged detenue was free as on the said date. Even this fact was not brought to our notice. 9. In the above view of the matter and in the light of the material placed on record, we are of the clear view that the writ petition has been filed without disclosing the relevant facts and is an absolute misuse of the process of the Court. The petition is, accordingly, dismissed with costs of Rs.25,000/- to be paid to the High Court Legal Services Committee. In case the costs are not paid, the High Court Legal Services Committee may inform the Revenue Authorities, who shall realise the same as arrears of land revenue. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE AM List No.: 2 Sl No.: 2