[Cites 2, Cited by 0]
Karnataka High Court
Mr Irfan vs State Of Karnataka on 6 March, 2026
-1-
NC: 2026:KHC:13812-DB
WPHC No. 17 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2026
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION HABEAS CORPUS NO. 17 OF 2026
BETWEEN:
MR.IRFAN
S/O.HAMSA PALLAIYALLI,
AGED ABOUT 19 YEARS,
R/AT KUDALLUR ANAKKARA,
PO. KUDALLUR, PALAKKAD DISTRICT,
KERALA-679554.
...PETITIONER
(BY SRI. AMAR ALEXANDER CORREA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
Digitally HOME DEPARTMENT VIDHANA SOUDHA,
signed by BENGALURU-560001
REKHA R REPRESENTED BY SECRETARY.
Location:
High Court 2. THE COMMISSIONER OF POLICE
of
Karnataka MYSORE CITY, MIRZA ROAD,
NAZARABAD LOKARANJAN MOHAL ROAD,
MYSORE-570010.
3. THE STATION HOUSE OFFICER,
NAZARABAD POLICE STATION,
DEVARAJA SUB-DIVISION,
MYSURU CITY -570010.
...RESPONDENTS
(BY SRI.B.A. BELLIAPPA SPP-I A/W SRI.THEJESH.P HCGP)
-2-
NC: 2026:KHC:13812-DB
WPHC No. 17 of 2026
HC-KAR
THIS WP(HC) IS FILED UNDER ARTICLE 226 AND 227 OF
CONSTITUTION OF INDIA, BY THE PETITIONER, WHEREIN
PRAYS THAT THE HONBLE COURT MAY BE PLEASED TO
DIRECT THE RESPONDENTS TO PRODUCE THE CORPUS OF THE
DETENUE BY NAME SRI.PALLIYALIL HAMSA, S/O
MOIDEENKUTTY PALLIYALLI AGED ABOUT 65 YEARS, R/AT
SOUTH PALLAR, THIRUNAVAYA, PO VYRANCODE, MALAPPURAM
DISTRICT, KERALA, BEFORE THIS HON'BLE COURT
FORTHWITH.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE T.M.NADAF
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
We have heard the learned counsel for the petitioner
as well as the learned State Public Prosecutor.
2. The alleged detenue was present before us on
27.02.2026 and had alleged that he was retained in police
custody without any arrest being recorded from
23.02.2026 till 26.02.2026. We had therefore directed the
NC: 2026:KHC:13812-DB
HC-KAR
alleged detenue as well as the Commissioner of Police,
Mysuru, to file affidavits. The affidavit of the alleged
detenue is on record.
3. The learned SPP has placed on record a counter
affidavit of respondent No.2, the Commissioner of Police,
Mysuru City. Respondent No.2 admits that a crime was
registered as Crime No.29/2026 under Sections 316(2)
and 318(4) of the Bharatiya Nagarik Suraksha Sanhita,
2023, where the petitioner's father and two others were
arrayed as accused. It is contended that the crime was
registered on 23.02.2026 and considering the gravity of
the offence, the investigation was immediately transferred
to the Central Crime Branch, Mysuru, since accused No.1
was considered as a 'flight risk'.
4. It is further contended at paragraphs No.4 and
5, which reads as follows:
"4. I submit that on transfer of crime to the
CCB, on learning that the Accused No.1 along with
others were residing in Salem in a hotel by name
Radisson, the investigating team would rush to the
place where the accused were residing and would
NC: 2026:KHC:13812-DB
HC-KAR
serve him a notice for appearance forthwith under
Section 35(3) of BNSS and co-operate with
investigation. The Accused No.1 would volunteer to
cooperate with the investigation and would accompany
the Police team for the purpose of investigation to
Mysuru CCB Police. Thereafter, On 24.02.2026, his
statement was recorded, a mahazar was drawn and a
sum of Rs.2,74,000/- was recovered vide PF
No.9/2026 and thereafter was asked to appear on the
next day, with a notice served on him again. The
Accused No.1 would assure the Police team that he
would not leave jurisdiction and would cooperate with
investigation and as summoned would appear before
the Police on 25.02.2026. On 25.02.2026, his
statement was again recorded and then for further
investigation, a notice was served on him to appear on
26.02.2026 and Accused No.1 would fully cooperate
with the investigation and would assure that he will
appear on 26.02.2026 as summoned.
5. I submit that the Accused No.1 would on
his own volition would cooperate with the investigation
by staying in a hotel located nearby the CCB Police and
therefore no coercion was exerted on the Accused and
on the contrary, he was at liberty and the CDR reveals
that he has used his mobile phone by making calls,
which amply establishes that he was never detained
illegal."
5. In support of the said contention, the
respondents have made available the CDR of Mobile
No.9746437925, which is said to be the telephone used by
the alleged detenue. It is seen from the call records that
calls have been made throughout the period from 23rd to
26th of February, 2026 from locations in Tamilnadu and
NC: 2026:KHC:13812-DB
HC-KAR
Mysore. The CCTV camera footages as sought for by this
Court are also produced in a sealed cover.
6. In the above view of the matter, we are of the
opinion that the allegation of illegal detention from 23rd to
26th of February, 2026 is not prima facie established from
the materials on record.
7. In the above view of the matter, this writ
petition is disposed of with a direction to the Mysuru
Range Inspector General of Police to conduct an enquiry
into the allegations raised by the petitioner herein and to
make available the details of such investigation before the
Director General of Police.
8. The learned SPP submits that the passport of
the alleged detenue was not in the custody of the CCB
Police, Mysuru. The said submission is taken on record.
9. All the contentions of the petitioner as well as
the alleged detenue are left open to be decided in
appropriate proceedings. The CDR as well as the CCTV
NC: 2026:KHC:13812-DB
HC-KAR
footages are returned to the respondents for the conduct
of the enquiry as directed.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(T.M.NADAF)
JUDGE
PK
List No.: 2 Sl No.: 3
