Disposed¶45

Saali Mansur Basha v. the Stae of Karnataka

Karnataka HC19 Sept 2025WPHC/100035/2025

Case brief

AI extract

What is this about?

Writ petition (habeas corpus), W.P.H.C. No.100035 of 2025, High Court of Karnataka, Dharwad Bench, decided 19-09-2025 by S.Sunil Dutt Yadav and Vijaykumar A.Patil JJ. (order per Vijaykumar A.Patil J). Husband sought production of wife aged 22 from parental custody and police protection; detenue, a major, stated she resided with parents by choice; held not illegal detention; disposed of without orders; Annexure-C complaint of assault at police station to be considered in accordance with law; marriage registration application mentioned; Articles 226 and 227 of the Constitution of India.

What did the court decide?

The detenue, being a major aged about 22 years, clearly stated before the Court that she is residing with her parents and intends to continue to reside with them. ¶39

Saali Mansur Basha Vs the Stae of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

¶1

¶2

NC: 2025:KHC-D:12668-DB WPHC No. 100035 of 2025

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

¶5

DATED THIS THE 19^TH DAY OF SEPTEMBER, 2025 PRESENT

¶6

THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

¶7

W.P.H.C. NO.100035 OF 2025

¶8

BETWEEN:

¶9

SAALI MANSUR BASHA, AGE: 32 YEARS, OCC: COOLIE, R/O. HOUSE NO.168, WARD 2, VINAYAK NAGAR, KADALABALU VILLAGE, TQ. HAGARIBOMMANAHALLI, DIST. VIJAYANAGAR-583212.

¶10

…PETITIONER

¶11

(BY SRI. MANOJ N.BIKKANNAVAR, ADVOCATE)

¶12

Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench

¶13

AND:

¶14

THE STAE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, M. S. BUILDING-560001.

¶15

THE SUPERINTENDENT OF POLICE, VIJAYANAGAR, DISTRICT: VIJAYANAGAR.

¶16

THE POLICE SUB-INSPECTOR, ITTIGI P.S.,

¶17

2 - NC: 2025:KHC-D:12668-DB WPHC No. 100035 of 2025

¶18

HC-KAR

¶19

HADAGALI TALUK, DISTRICT: VIJAYANAGAR.

¶20

HALLI UMESHAPPA,

¶21

AGE: 55 YEARS, OCC: AGRICULTURE, R/O. HOUSE NO.26, 5TH WARD, A. K. COLONY, MORIGERI VILLAGE, HAGARIBOMMANAHALLI TQ., VIJAYANAGARA DIST.-583222.

¶22

…RESPONDENTS

¶23

(BY SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1 TO R3)

¶24

THIS WPHC IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF HABEAS CORPUS DIRECTING THE RESPONDENT NO.2 AND 3 TO IMMEDIATELY PRODUCE IN PERSON SMT. HALLI BHOOMIKA AGED ABOUT 22 YEARS OF MORIGERI VILLAGE, TQ. HAGARIBOMMANAHALLI, DIST. VIJAYANAGAR BEFORE THIS HON’BLE COURT AND RELEASE FROM THE CUSTODY OF HER FAMILY AND SET HER AT LIBERTY FORTHWITH IN THE INTEREST OF THE JUSTICE AND EQUITY AND ISSUE A DIRECTION TO THE RESPONDENT POLICE AUTHORITIES TO PROVIDE ADEQUATE PROTECTION TO THE PETITIONER AND HIS LEGALLY WEDDED WIFE FROM ANY KIND OF THREAT, HARASSMENT OR UNLAWFUL INTERFERENCE FROM HER FAMILY OR ANY OTHER PERSONS AND ETC.

¶25

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶26

CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

¶27

¶28

NC: 2025:KHC-D:12668-DB WPHC No. 100035 of 2025

¶29

HC-KAR

¶30

ORAL ORDER

¶31

(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)

¶32

This petition is filed seeking following reliefs:

¶33

a) Issue a writ in the nature of habeas corpus directing the respondent no.2 and 3 to immediately produce in person Smt.Halli Bhoomika aged about 22 years of Morigeri village, Tq: Hagaribommanahalli, Dist: Vijayanagar before this Hon’ble Court and release from the custody of her family and set her at liberty forthwith in the interest of the justice and equity.

¶34

b) Issue a direction to the respondent police authorities to provide adequate protection to the petitioner and his legally wedded wife from any kind of threat, harassment or unlawful interference from her family or any other persons and etc.

¶35

Sri G.K.Hiregoudar, learned Government Advocate on advance notice entered appearance and submits that the alleged detenue is brought to the Court by Smt.Veena B., WPC-340, Ittigi Police Station.

¶36

4 - NC: 2025:KHC-D:12668-DB WPHC No. 100035 of 2025

¶37

HC-KAR

¶38

In view of the said submission of the learned Government Advocate, we interacted with detenue. She states that she was working with the petitioner. Hence, she knows him. She further states that she is aged about 22 years and studied upto 2^nd PUC and she is residing with her parents at A.K. Colony Morigeri village, Hagaribommanahalli taluk, Vijayanagara district.

¶39

Learned counsel for the petitioner submits that the petitioner and the detenue have married and filed an application for registration of marriage and due to the fear of the father, the detenue is not joining the petitioner. The issue with regard to the relationship of the petitioner and the detenue cannot be gone into in the present proceedings. The detenue being the major has clearly stated that she is 22 years of age and she is residing with her parents and she intends to continue to reside with them.

¶40

In view of the said specific statement of the detenue,

¶41

we are of the considered view that the staying of the detenue with the parents cannot be termed as illegal detention and no further orders are required to be passed. Learned counsel for the petitioner contended that the parents of the detenue have

¶42

5 - NC: 2025:KHC-D:12668-DB WPHC No. 100035 of 2025

¶43

HC-KAR

¶44

assaulted the petitioner in the 3^rd respondent-police station and to that effect, he has filed the complaint at Annexure-C. Learned Government Advocate, in reply, submits that the representation at Annexure-C would be considered in accordance with law.

¶45

In view of the aforesaid submission, we are of the considered view that no orders are required to be passed in the case. Accordingly, habeas corpus petition is disposed off.

¶46

Sd/(S.SUNIL DUTT YADAV) JUDGE

¶47

Sd/(VIJAYKUMAR A.PATIL) JUDGE

¶48

CLK /CT-AN List No.: 1 Sl No.: 1

Saali Mansur Basha v. the Stae of Karnataka

Case brief

What is this about?

What did the court decide?

Saali Mansur Basha v. the Stae of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Smt Saraswati W/O Vasant Madava Hegadekatte Vs the Deputy Commissioner

Sri.Manjunath S/O Timmanna Hulmani Vs Smt.Laxmi W/O Manjunath Hulamani

Laxmi Nemani Mense Vs Nitin Balawant Hangirgekar

Shivanand S/O Prahlad Anavekar Vs K S Hanchinal

Jayashree W/O Ramesh Keralli Vs the Deputy Commissioner

The State of Karnataka Vs Harijan Yerriswamy S/O Smt Basamma