[Cites 2, Cited by 0]
Karnataka High Court
Ramakrishna S/O Subray Bhat vs The Director General Of Police on 17 February, 2026
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NC: 2026:KHC-D:2445-DB
WPHC No. 100012 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 17TH DAY OF FEBRUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE M.I.ARUN
AND
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
HABEAS CORPUS NO. 100012 OF 2024
BETWEEN:
RAMAKRISHNA
S/O. SUBRAY BHAT,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: UPALESHWARA, DESAI MANE,
POST CHANDAGULI, TALUK YELLAPUR,
DISTRICT UTTARA KANNADA.
... PETITIONER
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV. FOR
SRI. UMESH P. HAKKARAKI, ADV.)
Digitally signed by
VISHAL NINGAPPA
PATTIHAL AND:
Location: High
Court of Karnataka,
Dharwad Bench,
Dharwad
1. THE DIRECTOR GENERAL OF POLICE,
OFFICE OF DGP, NRUPATUNGA ROAD,
BANGALORE.
2. THE SUPERINTENDENT OF POLICE,
KARWAR.
3. THE POLICE SUB INSPECTOR,
YELLAPUR,
UTTARA KANNADA DISTRICT.
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WPHC No. 100012 of 2024
HC-KAR
4. SURAJ S/O. SUBRAY HEGDE,
AGE NOT KNOWN,
OCC: PRIVATE WORK,
R/AT: HUTKHAND, AMCHI MANE,
TALUK: YELLAPUR.
DETANUE
KUMARI TEJA D/O. RAMAKRISHNA BHAT,
AGE: 26 YEARS, OCC: PRIVATE SERVICE,
R/O: DESAI MANE, POST CHANDAGULI,
TALUK: YELLAPUR,
DISTRICT: UTTARA KANNADA.
...RESPONDENTS
(BY SRI. GANGADHAR J.M., AAG FOR
SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R3;
SRI. GIRISH V. BHAT, ADV. FOR R4)
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.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE M.I.ARUN
AND
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
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WPHC No. 100012 of 2024
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.I.ARUN)
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
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HC-KAR
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.
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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.
Sd/-
(M.I.ARUN)
JUDGE
Sd/-
(B. MURALIDHARA PAI)
JUDGE
VNP / CT: ASC
List No.: 1 Sl No.: 1
