Smt Gayathri N Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Smt Gayathri N Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Direction to the Investigation Officer to complete the investigation in Crime No.424/2024 in accordance with law and file the final report before the appropriate forum; prayer for transfer of investigation to CID not acceded to.

Issue for consideration

Whether a writ of habeas corpus should be issued directing the respondents to trace, secure and produce the missing person, Mr. B.K. Nithin Rahul, i.e., whether the detenue is illegally detained by anyone. +1 more

Court's answer

On the status reports and the petition averments, the Court finds no reason to believe that the detenue has been illegally detained by anyone; this being a case of a missing person, the proceedings are required to be closed on the assurance of the Investigation Officer that he would continue the investigation of the registered crime and take it to its logical conclusion by filing the report before the appropriate forum.

Ratio / Principle

After meticulously perusing the two status reports filed by the Investigation Officer, the Court records its satisfaction that the Investigation Officer has continued the investigation in a proper manner.

Key takeaways

In view of the status reports and the assurance of the Investigation Officer, the petition is disposed of with a direction to the Investigation Officer to complete the investigation in Crime No.424/2024 in accordance with law and file the final report before the appropriate forum; no direction for transfer of investigation to CID was issued.ratio¶48

Detailed headnote1 paragraphs

Habeas corpus - missing person - petitioner, mother of the missing person, sought a writ directing respondents to trace, secure and produce her second son, Mr. B.K. Nithin Rahul, missing since 15.11.2024, and alternatively transfer of investigation to CID - respondent-State filed two status reports (11.09.2025 and 13.10.2025) showing registration of Crime No.424/2024 by the jurisdictional (Konanakunte) police, deputation of teams, analysis of call detail records of suspected persons and the missing person, issuance of look-out notice and paper publication, without success - Held: on perusal of the status reports and petition averments, no reason to believe the detenue has been illegally detained by anyone; the matter being one of a missing person, proceedings were closed on the Investigation Officer's assurance to continue the investigation to its logical conclusion - Petition disposed of with a direction to the Investigation Officer to complete the investigation in Crime No.424/2024 in accordance with law and file the final report before the appropriate forum.

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NC: 2025:KHC:41959-DB WPHC No. 97 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^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. 97 OF 2025

BETWEEN:

SMT. GAYATHRI N W/O S. KRISHNAPPA AGED ABOUT 59 YEARS, OCCUPATION HOUSEWIFE RESIDING AT NO 84, 5TH CROSS, 2ND MAIN, ANNAPURNESHWARI LAYOUT, J P NAGAR, 7TH PHASE, BENGALURU 560 078 PAN CUHPG2423A AADHAAR 3634 3426 2346

Digitally signed by RUPA V Location: High Court Of Karnataka

(BY SRI. SURESHA N., ADVOCATE)

AND:

…PETITIONER

STATE OF KARNATAKA REP. BY ITS SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001.

COMMISSIONER OF POLICE BENGALURU CITY BENGALURU.

INSPECTOR OF POLICE

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KONANAKUNTE POLICE STATION, BENGALURU CITY, KARNATAKA 560 062.

…RESPONDENTS

(BY SRI. B. A. BELLIAPPA, SPP-1 WITH SRI. THEJESH P., HCGP)

THIS WPHC IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYS THAT TO ISSUE A WRIT OF HABEAS CORPUS DIRECTING THE RESPONDENTS TRACE SECURE AND PRODUCE THE MISSING PERSON, MR.B.K.NITHIN RAHUL, BEFORE THIS HON'BLE OCURT AND ETC.,

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

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and

HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL ORDER

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

This petition is filed seeking the following reliefs:

"a) Issue a Writ of Habeas Corpus directing the respondents to trace, secure, and produce the missing person, Mr.B.K.Nithin Rahul, before this Hon'ble Court;

b) Direct the respondents to file a detailed status report of the investigation carried out so far;

c) Direct the respondents to hand over the investigation to a specialized agency such as the CID if necessary, in the interest of justice;

d) Pass such other order(s) or direction(s) as this Hon'ble Court may deem fit in the facts and

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circumstances of the case, in the interest of justice and equity."

The respondent-State filed two status reports on 11.09.2025 and 13.10.2025. The records indicate that

the second son of the petitioner is missing from 15.11.2024 and based on the information, the jurisdictional police registered the case in Crime No.424/2024 and took up the investigation.

The perusal of the investigation reports indicate that the Investigation Officer has made his best effort to trace the missing person by deputing the teams to find out the missing person at different places. It is noticed that the Investigation Officer has analyzed various call detail records of the suspected persons and that of the missing person. It is also noticed that a look out notice was issued and paper publication was also taken out by the Investigation Officer in the newspaper and said notice was published at various places. However, the Investigation

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Officer is of the view that despite the best efforts they

could not able to trace out the missing person.

We have meticulously perused the two status reports filed by the Investigation Officer. We have satisfied that the Investigation Officer has continued the investigation in a proper manner.

Considering the status reports and the

averments in the petition, we do not find any reason to believe that the detenue has been illegally detained by anyone and this being the case of a missing person, we are of the view that the proceedings are required to be closed on the assurance of the Investigation Officer that he would continue the investigation of the registered crime and take it to the logical conclusion by filing the report before the appropriate forum. In view of the status reports and the assurance of the Investigation Officer, the present petition is disposed of with a direction to the

Investigation Officer to complete the investigation in Crime

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No.424/2024 in accordance with law and file the final

report before the appropriate forum.

Sd/(ANU SIVARAMAN) JUDGE

Sd/(VIJAYKUMAR A. PATIL) JUDGE

BSR List No.: 2 Sl No.: 1