- 1 - HC-KAR NC: 2026:KHC:21575 WP No. 26199 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.26199 OF 2025 (GM-POLICE) BETWEEN: RUTH ANN SWEENY AGED ABOUT 48 YEARS FEMALE RESIDING AT NO.3, HIGH STREET COOKE TOWN, FRAZER TOWN BANGALORE - 560 005 …PETITIONER (BY SRI. TIMOTHY CHARLES., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY THE ADDITIONAL CHIEF SECRETARY KARNATAKA HOME DEPARTMENT VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BANGALORE - 560 001 2. THE COMMISSIONER OF POLICE BANGALORE CITY POLICE NO.1 INFANTRY ROAD, BANGALORE - 560 001 3. THE STATION HOUSE OFFICER PULIKESHI NAGAR POLICE STATION FRAZER TOWN BANGALORE - 560 005 Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21575 WP No. 26199 of 2025 4. WOMEN AND CHILD DEVELOPMENT DEPARTMENT REP. BY THE SECRETARY GOVT. OF KARNATAKA VIDHANA SOUDHA BANGALORE - 560 001 5. KARNATAKA STATE HUMAN RIGHTS COMMISSION REPRESENTED BY THE CHAIRMAN 1ST-4TH FLOORS, 5TH PHASE M S BUILDING BANGALORE - 560 001 …RESPONDENTS (BY SRI. VIKAS ROJIPURA., AGA FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, SETTING ASIDE AND QUASHING THE NOTICE DATED 20/05/2025 ISSUED BY THE RESPONDENT NO.3 POLICE VIDE SL.NO.01/2479/CRI. PET/2025 (ANNEXURE- A) DIRECTING THE PETITIONER TO APPEAR FOR FURTHER INQUIRY AND ETC. THIS PETITION COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:21575 WP No. 26199 of 2025 ORAL ORDER The petitioner has presented the captioned writ petition seeking, inter alia to quash the notice dated 20.05.2025 issued by respondent No.3–Police directing her to appear for enquiry, a direction to restrain the respondent–Police from allegedly detaining and harassing the petitioner and her minor children, initiate action against respondent No.3 by registration of an FIR, and grant of compensation for the alleged illegal acts. 2. The petitioner claims that she is the mother of three minor children and was in a live-in relationship with one Daniel Essex. Due to personal differences, she asserts that she has been residing separately along with her children at her aunt’s residence and has no subsisting contact with the said Daniel. 3. It is stated that the said Daniel Essex was arrested in August 2024 for offences punishable under Section 140(2) of the Bharatiya Nyaya Sanhita. He was - 4 - HC-KAR NC: 2026:KHC:21575 WP No. 26199 of 2025 granted interim bail on 01.04.2025 on medical grounds. However, upon expiry of the interim bail period, he failed to surrender and is stated to have absconded. 4. The petitioner contends that despite her having no knowledge of the whereabouts of Daniel Essex, the respondent–Police have been repeatedly visiting her residence and subjecting her and her minor children to harassment under the guise of investigation. 5. Specific allegations are made that on 14.07.2025, police personnel visited her residence, interrogated her minor daughter, accessed personal photographs, and compelled the petitioner’s younger son to disclose information. It is further alleged that the police accessed the petitioner’s mobile phone, read her private messages, and examined personal photographs without authority of law. 6. It is further alleged that on 15.07.2025, police personnel forcibly entered her locked house by breaking - 5 - HC-KAR NC: 2026:KHC:21575 WP No. 26199 of 2025 open the gate and door. CCTV footage evidencing the same is produced at Annexure-G. The petitioner also alleges that she was taken to the police station and subjected to interrogation for over two hours and that the search extended into the private room of her minor daughter, causing mental trauma. 7. The petitioner further asserts that on 09.08.2025, her minor son was illegally detained for a period of about two hours. It is also stated that the petitioner’s daughter suffers from epileptic seizures and the repeated acts of the police have aggravated her condition. 8. Per contra, learned Additional Government Advocate, on instructions, has filed statement of objections denying all allegations made in the writ petition. It is contended that the petitioner had, in fact, cooperated with the investigation and furnished credible information regarding the whereabouts of Daniel Essex. It is - 6 - HC-KAR NC: 2026:KHC:21575 WP No. 26199 of 2025 specifically contended that based on the information furnished by the petitioner, the said Daniel Essex, who had jumped bail and absconded, was apprehended on 20.08.2025. It is therefore contended that prayer (a) seeking quashing of the notice dated 20.05.2025 has become infructuous. 9. The learned Additional Government Advocate would further submit that the remaining allegations are bald, baseless, and unsupported by any cogent material and therefore do not warrant interference under Article 226 of the Constitution of India. 10. Heard learned counsel for the petitioner and learned AGA for the respondents. Perused the records. 11. It is not in dispute that the said Daniel Essex, who had allegedly absconded after expiry of interim bail, has been apprehended on 20.08.2025. The learned Additional Government Advocate submits that such - 7 - HC-KAR NC: 2026:KHC:21575 WP No. 26199 of 2025 apprehension was facilitated, in part, by information furnished by the petitioner. 12. In view of the subsequent development, namely the apprehension of the absconding accused, the notice dated 20.05.2025 issued to secure the presence of the petitioner for the purpose of investigation does not survive for further consideration. Accordingly, prayer (a) is rendered infructuous. 13. The petitioner has made serious allegations against the respondent–Police, including illegal detention of her minor children, unauthorized access to personal devices, and forcible entry into her residence. At the same time, this Court cannot lose sight of the fact that the police were investigating a case wherein the accused had jumped bail and was absconding. In such circumstances, the police are empowered to conduct investigation and make reasonable enquiries to secure the presence of the accused. However, such powers are not unbridled. The - 8 - HC-KAR NC: 2026:KHC:21575 WP No. 26199 of 2025 exercise of police power must be in accordance with law and cannot transgress constitutional safeguards, particularly when it concerns the liberty and dignity of individuals, more so minors. 14. The allegations made by the petitioner, if true, are indeed serious in nature. However, except for the CCTV footage indicating entry into the premises, the other allegations relating to illegal detention and harassment are seriously disputed by the respondents and would require appreciation of evidence. This Court, in exercise of jurisdiction under Article 226 of the Constitution of India, would not be justified in undertaking a roving enquiry into disputed questions of fact. 15. Nevertheless, having regard to the nature of allegations particularly those concerning alleged detention of minor children and the manner of search conducted, this Court is of the considered view that the matter requires examination at the hands of a superior officer to - 9 - HC-KAR NC: 2026:KHC:21575 WP No. 26199 of 2025 ensure that the actions of the police were within the bounds of law. 16. In view of the above, though this Court is not inclined to grant the substantive reliefs as sought for by the petitioner, it would suffice to issue a limited direction to safeguard the ends of justice. 17. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed in part; (ii) The prayer (a) seeking quashing of the notice dated 20.05.2025 is held to have become infructuous in view of the apprehension of the accused Daniel Essex; (iii) The jurisdictional Superintendent of Police/Deputy Commissioner of Police (as the case may be) is directed to examine the records pertaining to the enquiry conducted by respondent No.3; verify whether the petitioner - 10 - HC-KAR NC: 2026:KHC:21575 WP No. 26199 of 2025 and her minor children were subjected to illegal detention or any excesses during the course of investigation; and take appropriate action, in accordance with law, if any misconduct or procedural violation is found; (iv) The aforesaid exercise shall be completed within a period of eight (8) weeks from the date of receipt of a certified copy of this order; (v) All other reliefs sought for are rejected. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2 Sl No.: 48