Petitioners filed a writ of habeas corpus petition under Article 226 of the Constitution of India seeking tracing of G. Kavitha, the missing wife of the first petitioner. The court dismissed the petition as withdrawn by the learned counsel claiming the detenue had been traced and had come back.
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NC: 2026:KHC:714-DB W.P.H.C. No.136/2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
W.P.H.C. NO.136/2025
BETWEEN:
Digitally signed by ARSHIFA BAHAR KHANAM
Location: High Court Of Karnataka
D/O S. MAHADEVASWAMY, MINOR AGED ABOUT 6 YEARS.
PETITIONERS 2 AND 3 ARE REP. BY THEIR FATHER AND GUARDIAN S. MAHADEVASWAMY.
R/AT NO.01/36, VENKATARAMMA VATARA BASAVESHWARA LAYOUT, NAGASHETTYHALLI SANJAYA NAGARA, BENGALURU 560094.
…PETITIONERS
(BY SRI. AJOY KUMAR PATIL, ADV.,)
AND:
NC: 2026:KHC:714-DB W.P.H.C. No.136/2025
HC-KAR
BHAGWAN MAHAVEER ROAD (INFANTRY ROAD), BENGALURU 560001.
…RESPONDENTS
(BY SRI. B.A. BELLIAPPA, SPP-I WITH SRI. THEJESH P, HCGP)
THIS WPHC IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS DIRECTING THE RESPONDENTS TO TRACE THE MISSING PERSON, NAMELY THE SAID G. KAVITHA (CHIKAMMA) THE WIFE OF THE 1ST PETITIONER AND MOTHER OF 2ND AND 3RD PETITIONERS AND TAKE ACTION TO TRACE HER WHEREABOUTS ON THE BASIS OF THE MISSING PERSON COMPLAINT AT ANNEXURE-E DATED 20.09.2025 AND THE FIR AT ANNEXURE-F DATED 20.09.2025 IN CRIME NO.161/2025 SANJAYANAGAR P.S. AND PRODUCE HER BEFORE THIS HON'BLE COURT AFTER INQUIRING AND INVESTIGATING THE MATTER & 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
NC: 2026:KHC:714-DB W.P.H.C. No.136/2025
HC-KAR
ORAL ORDER
(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)
Sri.Ajoy Kumar Patil, learned counsel appearing for the petitioners submits that the alleged detenue has been traced by the jurisdictional police and now she has come back. Hence, he seeks to withdraw the petition.
Sd/(ANU SIVARAMAN) JUDGE
Sd/(VIJAYKUMAR A. PATIL) JUDGE
ABK
List No.: 2 Sl No.: 7
2 issues framed by the court
Whether the High Court is empowered to issue a writ of habeas corpus to trace a missing person and direct police action.
Whether the petition for habeas corpus should be dismissed as withdrawn upon the traced whereabouts of the detenue.
2 provisions across 2 enactments
S. Mahadevaswamy and others
Commissioner of Police Bengaluru City and others
Anu Sivaraman
Vijaykumar A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
