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CDJ 2026 Kar HC 180 print Preview print print
Court : High Court of Karnataka (Circuit Bench At Dharwad)
Case No : Habeas Corpus No. 100012 Of 2024
Judges: THE HONOURABLE MR. JUSTICE M.I. ARUN & THE HONOURABLE MR. JUSTICE B. MURALIDHARA PAI
Parties : Ramakrishna Versus The Director General Of Police, Bangalore & Others
Appearing Advocates : For the Petitioner: Mallikarjunswamy B. Hiremath, Umesh P. Hakkaraki, Advocates. For the Respondents: R1 to R3, J.M. Gangadhar, AAG, Sharad V. Magadum, AGA, R4, Girish V. Bhat, Advocates.
Date of Judgment : 17-02-2026
Head Note :-
Constitution of India - Article 226 & 227 -

Comparative Citation:
2026 KHC-D 2445,
Judgment :-

(Prayer: This WPHC is filed under Article 226 and 227 of the Constitution of India praying to issue a writ of Habeas Corpus directing the respondents to produce the detenue before this Hon'ble Court. to pass such other order or direction including an order as to compensation and costs as deemed fit in the interest of justice and equity.)

Oral Order

M.I. Arun, J.

1. This is an unfortunate case where the detenue, who is the daughter of the petitioner, has been missing since 21.12.2023, and the Police have not been able to trace her. This constrained the petitioner to file the present writ petition seeking a writ of habeas corpus directing the jurisdictional Police to produce the detenue before this Court.

2. This Court, on 12.09.2025, passed a detailed order regarding the procedure to be adopted by the authorities concerned in cases where the detenue is not traceable.

3. Pursuant to the said directions, the State has filed an affidavit of the Jurisdictional Police Inspector, styled as a status report filed by way of affidavit. The same reads as under:

          "I, Ramesh S/o. Hanamant Hanapur, Age: 47 years, presently working as Police Inspector, Yellapur Police Station, Tq: Yellapur, Dist: Uttara Kannada, today at Dharwad do hereby solemnly affirm and state on oath as follows:

          1. I respectfully submit that, earlier, Sri. Siddappa S/o. Sadashiv Gudi Police Sub-Inspector was the Investigation Officer in the above case. I have taken charge as the Investigation Officer in the above case from 26.06.2024. I know the facts of the case, hence, I am competent to swear this affidavit.

          2. I state that, in the above said Habeas Corpus Petition, 10 status reports have been filed on 24.05.2024 21.06.2024, 15.07.2024, 19.08.2024, 18.09.2024, 21.10.2024, 23.11.2024, 16.12.2024, 21.01.2025, 07.02.2025. In the above said status reports, we have narrated the action taken by the Department in pursuance to the missing complaint dated 27.12.2023.

          3. I respectfully submit that, the Respondent Police Department has made all sincere efforts to trace the missing girl from the date of registration of complaint till today. However, the department could not trace the missing girl, even after all the efforts.

          4. I state that, the Respondent Police Department has complied all the interim directions given by this Hon'ble Court from time to time. I further undertake before this Hon'ble Court that the efforts/investigation to trace the missing girl will continue till the completion of seven years from the date of missing. Further, I undertake that the respondent police will make all future efforts to trace the missing girl.

          5. I further undertake that the committee constituted by this Hon'ble Court by order dated 12.09.2025 (paragraph 35) will review the efforts done by the Investigation Officer and submit the report every six months to the Registrar Judicial of this Hon'ble Court.

          6. I further undertake that in the event the Registrar or this Hon'ble Court finds any lacuna in the efforts of the Police Department, we have no objection to reopen the present Habeas Corpus Petition in the future."

4. Learned AAG, upon instructions, submits that efforts will be continued as directed by this Court in its order dated 12.09.2025 and, recording the submission of the State, the writ petition may be disposed of.

5. Learned counsel for the petitioner has no objection for the same.

6. Accordingly, the writ of habeas corpus petition is hereby disposed of by accepting the status report filed by the State, with a direction to the State to continue its efforts to trace the detenue as undertaken in the status report.

 
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