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2026 DAILYLAW 52433 (KAR)

KIRAN S/O ANNAPPA BADIGER v. THE STATE OF KARNATAKA

WPHC/100001/2026 · 2026-01-30

B Muralidhara Pai, M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:1225-DB WPHC No. 100001 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI WPHC NO. 100001 OF 2026 BETWEEN: KIRAN S/O. ANNAPPA BADIGER, AGE: 26 YEARS, OCC: BUSINESS, R/O: HARUGERI, TAL: RIABAG, DIST: BELAGAVI – 591 220. (DETENUE PERSON: SHWETA GOPAL RABAKAVI, AGE: 25 YEARS, OCC: NIL, R/O: KURABAGODI, HARUGERI, TAL: RAIBAG, DIST: BELAGAVI – 591 220). … PETITIONER (BY SRI. MATHAPATI PRASHANT KEMPAYYA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU 560 001. 2. THE SUPERINTENDENT OF POLICE, BELAGAVI DISTRICT – 590 001. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2026:KHC-D:1225-DB WPHC No. 100001 of 2026 3. THE INSPECTOR OF POLICE, HARUGERI POLICE STATION, BELAGAVI 591 220. … RESPONDENTS (BY SRI. G.K. HIREGOUDAR, PGA FOR R1 TO R3) THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF HABEAS CORPUS OR ANY OTHER APPROPRIATE WRIT, THE RESPONDENT AUTHORITIES TO PRODUCE SHWETA GOPAL RABAKAVI, AGE: 25 YEARS, OCC: NIL, R/O: KURABAGODI, HARUGERI, TAL: RAIBAG, DIST: BELAGAVI 591220 (DETENUE) BEFORE THIS HON’BLE COURT AND TO SET HER AT LIBERTY, IF SHE IS FOUND TO BE UNDER ILLEGAL AND UNLAWFUL DETENTION OF HER FAMILY MEMBERS IN THE INTEREST OF JUSTICE AND EQUITY. TO ISSUE A WRIT OF HABEAS CORPUS DIRECTING THE RESPONDENTS RESPONDENT POLICE AUTHORITIES TO TAKE IMMEDIATE AND EFFECTIVE STEPS TO TRACE, SECURE, AND PROTECT SHWETA GOPAL RABAKAVI, AGE: 25 YEARS, OCC: NIL, R/O: KURABAGODI, HARUGERI, TAL: RAIBAG, DIST: BELAGAVI-591220 (DETENUE), AND TO ENSURE HER PERSONAL LIBERTY AND SAFETY IN ACCORDANCE WITH LAW. TO PASS SUCH OTHER OR FURTHER ORDERS AS THIS HON’BLE COURT MAY DEEM FIT IN THE INTEREST OF JUSTICE, EQUITY, AND PROTECTION OF FUNDAMENTAL RIGHTS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:1225-DB WPHC No. 100001 of 2026 CORAM: THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.I.ARUN) 1. The learned Principal Government Advocate, Sri. G.K. Hiregoudar is directed to accept notice for respondents. 2. The present Writ of Habeas Corpus Petition is filed with the following prayer: “1. Issue a Writ of Habeas Corpus or any other appropriate writ, the respondent authorities to produce Shweta Gopal Rabakavi, Age: 25 years, Occ: Nil, R/o: Kurabagodi, Harugeri, Tal: Raibag, Dist: Belagavi 591220 (Detenue) before this Hon’ble Court and to set her at liberty, if she is found to be under illegal and unlawful detention of her family members in the interest of justice and equity. 2. Issue a Writ of habeas corpus directing the respondents respondent police authorities to take immediate and effective steps to trace, secure, and protect Shweta Gopal Rabakavi, Age: 25 years, Occ: NIL, R/o: Kurabagodi, Harugeri, Tal: Raibag, Dist: Belagavi-591220 (Detenue), and to ensure her personal liberty and safety in accordance with law. 3. Pass such other or further orders as this Hon’ble court may deem fit in the interest of justice, equity, and protection of fundamental rights.” - 4 - HC-KAR NC: 2026:KHC-D:1225-DB WPHC No. 100001 of 2026 3. The case of the petitioner is that he is the husband of the detenue, and therefore he has preferred the Habeas Corpus Petition. 4. The learned Principal Government Advocate, upon instructions, submits that the jurisdictional Police have traced the detenue and has produced her before this Court. Upon being questioned, she submits that she is about 25 years old, that she is not the wife of the petitioner, that she is happily residing with her parents, and that she does not intend to go with the petitioner. 5. In the light of the above, nothing survives in the Habeas Corpus Petition, and the same is accordingly dismissed. Sd/- (M.I.ARUN) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE VNP / CT: ASC List No.: 1 Sl No.: 19