Smt Naremma Vs Station House Officer — Writ and Judicial Review | Karnataka HC (2025)

Smt Naremma Vs Station House Officer — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

No writ of habeas corpus was issued; the petition was disposed of with a direction to the investigating officer to take the investigation to its logical conclusion in accordance with law and file a report before the jurisdictional Court.

Issue for consideration

Whether a writ of habeas corpus should be issued directing the respondents to produce the petitioner's husband, Mr. Narayana Swamy M.C., and directing respondent No. 1 to locate him.

Court's answer

The Court recorded its satisfaction with the investigation carried out by the jurisdictional police.

Ratio / Principle

Taking note that the case is one of a missing person, the Court closed the proceedings with a direction to the investigating officer to take the investigation to its logical conclusion in accordance with law and file a report before the jurisdictional Court.

Key takeaways

If any grievance of the petitioner still subsists with regard to the assertions made in the petition, the petitioner can always take appropriate steps in accordance with law.obiter¶45

Detailed headnote1 paragraphs

Habeas corpus - missing person - wife (Smt. Naremma) sought a writ of habeas corpus to produce her husband (Mr. Narayana Swamy M.C.) and a direction to the Station House Officer, Kencharlahalli Police Station, to trace him; respondents included the SHO, the Superintendent of Police, Chickaballapura, and private individuals Smt. Padmamma, Shri Chowdappa and Shri Ramachandra. The State filed a status report on the investigation and the Court perused the narco analysis test reports of respondents No. 3 and 4, alleged as suspects. The Division Bench (Anu Sivaraman and Vijaykumar A. Patil, JJ.; judgment per Vijaykumar A. Patil, J.) expressed satisfaction with the investigation, and disposed of Writ Petition (Habeas Corpus) No. 90 of 2024 with a direction to the investigating officer to take the investigation to its logical conclusion in accordance with law and file a report before the jurisdictional Court, while leaving the petitioner free to pursue any subsisting grievance in accordance with law. No writ of habeas corpus was issued; no precedent was cited.

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NC: 2025:KHC:40203-DB WPHC No. 90 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF OCTOBER, 2025

PRESENT

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

AND

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION (HABEAS CORPUS) NO.90 OF 2024

BETWEEN:

SMT NAREMMA, AGED ABOUT 47 YEARS, RESIDING AT YAGAVAMINDIGAL VILLAGE, MUNGANAHALLI HOBLI, BATLAHALLI, CHINTAMANI TALUK, CHICKBALLAPURA, KARNATAKA-563 123.

…PETITIONER

(BY SMT. URMILA PULLAT, ADVOCATE)

AND:

Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka

STATION HOUSE OFFICER, KENCHARLAHALLI POLICE STATION, NEAR BUS STAND, KENCHARLAHALLI, CHINTAMANI TALUK - 563 125.

THE SUPERINTENDENT OF POLICE, SP OFFICE, CHICKABALLAPURA, MARIMAKALAHALLI, KARNATAKA-562 101.

SMT. PADMAMMA, AGED UNKNOWN, MAJOR, LAST KNOWN RESIDING AT YAGAVAMINDIGAL VILLAGE, MUNGANAHALLI HOBLI,

2 - NC: 2025:KHC:40203-DB WPHC No. 90 of 2024

HC-KAR

CHINTAMANI TALUK, CHICKBALLAPURA, KARNATAKA-563 125.

SHRI CHOWDAPPA, AGED UNKNOWN, MAJOR, LAST KNOWN RESIDING AT YAGAVAMINDIGAL VILLAGE, MUNGANAHALLI HOBLI, CHINTAMANI TALUK, CHICKBALLAPURA, KARNATAKA-563 125.

SHRI RAMACHANDRA, AGED UNKNOWN, MAJOR, LAST KNOWN RESIDING AT YAGAVAMINDIGAL VILLAGE, MUNGANAHALLI HOBLI, CHINTAMANI TALUK, CHICKBALLAPURA, KARNATAKA-563 125.

…RESPONDENTS

(BY SRI. B.A. BELLIAPPA, SPP-I WITH SRI. THEJESH P., HCGP FOR R1 & R2)

THIS WP(HC) IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO 1) ISSUE A WRIT OF HABEAS CORPUS TO DIRECT RESPONDENTS TO PRODUCE THE PETITIONERS HUSBAND BEFORE THIS HON'BLE COURT. 2) ISSUE APPROPRIATE WRIT, ORDER OR DIRECTIONS DIRECTING THE RESPONDENT NO.1 TO LOCATE THE PETITIONERS HUSBAND, MR. NARAYANASWAMY M.C.

THIS PETITION COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and

HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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NC: 2025:KHC:40203-DB WPHC No. 90 of 2024

HC-KAR

ORAL JUDGMENT

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

This writ petition (Habeas Corpus) is filed seeking the

following prayer;

1. "Issue a Writ of Habeas Corpus to direct Respondents to produce the Petitioner's husband before this Hon'ble Court;

2. Issue appropriate writ, order or directions directing the Respondent no.1 to locate the Petitioner's husband, Mr. Narayana Swamy M. C.

3. To call for records, evidence and grant any other such relief/s including writs, orders and directions as deemed fit by this Hon'ble Court, in the interest of justice and equity."

On issuance of notice, the respondent- State

has entered appearance and filed status report indicating the manner of conducting investigation.

We have perused the reports and also perused

the Narco analysis test report of respondents No.3 and 4, who are alleged as suspects.

4 - NC: 2025:KHC:40203-DB WPHC No. 90 of 2024

HC-KAR

We have satisfied with the investigation carried

out by the jurisdictional police. Taking note of the fact that this case is of a missing person, we are proposed to close the proceedings with a direction to the investigating officer to take the investigation to its logical conclusion in accordance with law and file a report before the jurisdictional Court.

It is needless to observe that, if any grievance of the petitioner is still subsists with regard to the assertions made in the petition, the petitioner can always take appropriate steps in accordance with law.

With the above observation, the petition stands

disposed of .

Sd/(ANU SIVARAMAN) JUDGE

Sd/(VIJAYKUMAR A. PATIL) JUDGE

PN List No.: 2 Sl No.: 4