- 1 - HC-KAR NC: 2026:KHC:23478-DB WPHC No. 23 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION HABEAS CORPUS NO. 23 OF 2026 BETWEEN: SRI SIMAK K KM AGED ABOUT 26 YEARS, R/AT NO.794/1, MG COLONY, KODAGU, KUSHAL NAGAR, KUSHAL NAGAR HOBLI, NELLIAHUDIKERI, SOMWARPET KODAGU DIST. KARNATAKA-571253 …PETITIONER (BY SMT. RESHMA P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY HOME DEPARTMENT 2ND FLOOR, VIDHAN SOUDHA, BENGALURU - 560001 2. THE POLICE INSPECTOR MADIKERI POLICE STATION KODAGU DISTRICT 3. GANAPATHY T.K R/AT NEAR GOWRI SHANKAR TEMPLE, OLD SIDDAPUR, GUHYA, Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23478-DB WPHC No. 23 of 2026 VEERAJPETE, AMETHI HOBLI, KARNATAKA- 571253 4. THULASI B.S W/O GANAPATHY T.K. R/AT NEAR GOWRI SHANKAR TEMPLE, OLD SIDDAPUR, GUHYA, VEERAJPETE, AMETHI HOBLI, KARNATAKA- 571253 …RESPONDENTS (BY SRI. B.A.BELLIAPPA, SPP A/W SRI. P. THEJESH, HCGP FOR R1 & R2) THIS WP(HC) IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT ORDER OR DIRECTION PARTICULARLY A WRIT OF HABEAS CORPUS DIRECTING THE 2ND RESPONDENT TO PRODUCE THE PERSON OF MS.CHONDAMMA.T.G BEFORE THIS COURT AND CONSEQUENTLY RELEASE HER FORM THE UNLAWFUL CUSTODY OF THE 3RD AND 4TH RESPONDENT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR NC: 2026:KHC:23478-DB WPHC No. 23 of 2026 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) We have heard the learned counsel appearing for the petitioner, the learned HCGP appearing for the respondent- officials as well as Sri Manjunath E., PSI, Siddapur, Kodagu District and Smt. Rashmi D.N., WHC-124. We also interacted extensively with the alleged detenue, the petitioner and the parents of the alleged detenue as well. 2. The alleged detenue informs us that she is 20 years old and that she has been illegally detained by her parents against her will, specifically, in two "Rehabilitation Centres", where she was admitted without her consent or volition. She informs us that she wants to accompany the petitioner and to marry him in terms of 'Notice of Intended Marriage' which was already given on 05.01.2026 under the Special Marriage Act, 1954 (the '1954 Act' for short). She also informs us that the petitioner has agreed to finance her education, which has been interrupted due to her parents’ actions in not permitting her to take her examinations. 3. Having considered the contentions advanced and in view of the interactions, we are of the opinion that since the - 4 - HC-KAR NC: 2026:KHC:23478-DB WPHC No. 23 of 2026 alleged detenue is admittedly a major in age and is fully capable of taking her own decisions, she cannot be detained against her will, even by her parents. The detenue is therefore set at liberty to accompany the petitioner. We record that the detenue and the petitioner state that they will take further steps to get their marriage registered in terms of 1954 Act. 4. It is made clear that in case the petitioner or the detenue apprehend any threat to their lives/livelihoods, they may make complaints before the jurisdictional police, who shall consider such complaints and take necessary action in accordance with law, including by according them adequate police protection as required. Accordingly, the Writ Petition (Habeas Corpus) is disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE PN List No.: 16 Sl No.: 2