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2026 DAILYLAW 7317 (KAR)

MRS. THARA. R. L. v. STATE OF KARNATAKA

WPHC/39/2026 · 2026-04-24

Anu Sivaraman, Tara Vitasta Ganju

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:22758-DB WPHC No. 39 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH 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.39 OF 2026 BETWEEN: MRS. THARA. R. L. W/O. VENKATESH. M. N. AGED ABOUT 53 YEARS R/AT SRINIKETAN, D-502 MAJESTIC FORTUNE APARTMENT 2ND MAIN ROAD, ISHWARA LAYOUT 7TH PHASE, J. P. NAGAR BENGALURU-560 078. …PETITIONER (BY SRI. AMAR ALEXANDER CORREA, ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT VIDHANA SOUDHA, BENGALURU-560 001 REP. BY ITS SECRETARY 2. COMMISSIONER OF POLICE INFANTRY ROAD, BENGALURU-560 001 EMAIL ID:compolbcp@ksp.gov.in 3. DEPUTY COMMISSIONER OF POLICE WHITEFIELD DIVISION WHITEFIELD MAIN ROAD Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22758-DB WPHC No. 39 of 2026 WHITEFIELD, BENGALURU-560 066 4. ASSISTANT COMMISSIONER OF POLICE MARATHAHALLI, HAL OLD AIRPORT ROAD SECTOR 3, MARATHAHALLI BENGALURU-560 037 5. STATION HOUSE OFFICER VARTHUR POLICE STATION VARTHUR ROAD, BENGALURU-560 087 6. STATION HOUSE OFFICER H.A.L. POLICE STATION HAL OLD AIRPORT ROAD SECTOR 3, MARATHAHALLI BENGALURU-560 037 7. MR. PARITOSH JADHAV S/O LATE DAULATRAO JADHAV AGED ABOUT 46 YEARS R/AT: CANDEUR LANDMARK BUILDING E BLOCK, PLOT NO.1703, SR. NO.243/3, STATE HIGHWAY 35 VARTHUR SARJAPUR ROAD NEAR GUNJUR, BENGALURU - 560 087 ALSO AT: NO.H-301, H BLOCK BREN UNITY, CHINNAPPANAHALLI MAIN ROAD BENGALURU-560 037 (AMENDMENT VIDE ORDER DATED 24.04.2026) …RESPONDENTS (BY SRI. THEJESH P, HCGP, FOR R1 to R6 SRI. UPENDRA A.A., ADV, FOR R7) - 3 - HC-KAR NC: 2026:KHC:22758-DB WPHC No. 39 of 2026 THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO TRACE AND PRODUCE THE DETENUE BY NAME Ms.SMRUTI VENKATESH AGED ABOUT 25 YEARS DAUGHTER OF THE PETITIONER MRS.THARA.R.L BEFORE THIS COURT. 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 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This Writ Petition (Habeas Corpus) is filed seeking the following reliefs:- " (i) Direct the respondents to trace and produce the Detenue by name Ms. Smruti Venkatesh, aged about 25 years, daughter of the petitioner Mrs. Thara R. L. before this Hon'ble Court, and; (ii) Direct that the custody of the detenue Ms. Smruti Venkatesh, aged about 25 years, daughter of the Petitioner, be given to the petitioner the natural Guardian, for the purpose of having her medically treated and need be, even hospitalised as inpatient in a hospital as would be advised by the doctors." 2. We have heard Shri. Amar Alexander Correa, learned counsel appearing for the writ petitioner, Shri. Thejesh - 4 - HC-KAR NC: 2026:KHC:22758-DB WPHC No. 39 of 2026 P, learned High Court Government Pleader appearing for respondents No.1 to 6 and Shri. Upendra A. A, learned counsel appearing for respondent No.7. 3. We have also interacted with the writ petitioner as well as the alleged detenue over a WhatsApp call as arranged by the learned counsel appearing for respondent No.7. 4. The alleged detenue submits before us in clear terms that she is not under any illegal detention and that she is perfectly capable of looking after herself. She submits that she is 25 years old, a topper of BMS College of Engineering, Bangalore and that she is holding a good job as of now as an IT Consultant. She further submits that there have been several complaints about her made by her parents which are of the same nature and that she has given statements before three Magistrates that she is not under any illegal detention. She further submits that she is now married to one Shri. Paritosh Jadhav and that he is a Divorcee. 5. The writ petitioner, who appeared before us in- person expressed apprehensions about the age and health of - 5 - HC-KAR NC: 2026:KHC:22758-DB WPHC No. 39 of 2026 Shri. Paritosh Jadhav as also with regard to the mental state and habits of the alleged detenue. 6. However, we are of the opinion that these are not the matters we can address in this writ petition filed seeking a Writ of Habeas Corpus. In view of the fact that the alleged detenue clearly informs us that she is not under any illegal detention, we cannot proceed further in this writ petition. The Writ Petition (Habeas Corpus) is accordingly closed. 7. In case the alleged detenue or her partner requires any police protection, it is for them to approach the Jurisdictional Police who shall look into the matter and take appropriate steps in accordance with law. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE CP, List No.:2 Sl No.:4