Mrs. Thara. R. L. Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

Mrs. Thara. R. L. Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

No relief granted; the Writ Petition (Habeas Corpus) was closed, with liberty to the alleged detenue or her partner to approach the jurisdictional police for protection if required.

Issue for consideration

Whether the respondents should be directed to trace and produce the alleged detenue, Ms. Smruti Venkatesh (aged about 25 years, daughter of the petitioner), and whether her custody should be given to the petitioner as natural guardian for medical treatment.

Court's answer

Since the alleged detenue clearly informed the Court that she is not under any illegal detention, the Court cannot proceed further in the writ petition seeking habeas corpus.

Ratio / Principle

The petitioner's apprehensions regarding the age and health of Shri. Paritosh Jadhav and the mental state and habits of the alleged detenue are matters that cannot be addressed in a writ petition seeking a writ of habeas corpus.

Key takeaways

The Writ Petition (Habeas Corpus) was closed.ratio¶59
If the alleged detenue or her partner requires police protection, it is open to them to approach the jurisdictional police, who shall look into the matter and take appropriate steps in accordance with law.obiter¶60

Detailed headnote1 paragraphs

Habeas corpus — Petition under Articles 226 and 227 of the Constitution of India by mother seeking direction to respondents to trace and produce her 25-year-old daughter and to hand over her custody to the petitioner as natural guardian for medical treatment — Division Bench interacted with the petitioner and the alleged detenue over a WhatsApp call — alleged detenue stated in clear terms that she is not under any illegal detention, is capable of looking after herself, is employed as an IT Consultant, is married to respondent No.7, and had given statements before three Magistrates to the same effect — petitioner's apprehensions regarding the age and health of respondent No.7 and the mental state and habits of the alleged detenue cannot be addressed in a writ petition seeking a writ of habeas corpus — Writ Petition (Habeas Corpus) closed — liberty to the alleged detenue or her partner to approach the jurisdictional police for protection, who shall take appropriate steps in accordance with law.

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NC: 2026:KHC:22758-DB WPHC No. 39 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF APRIL, 2026

PRESENT

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

AND

THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION (HABEAS CORPUS) NO.39 OF 2026

BETWEEN:

MRS. THARA. R. L. W/O. VENKATESH. M. N. AGED ABOUT 53 YEARS R/AT SRINIKETAN, D-502 MAJESTIC FORTUNE APARTMENT

2^ND MAIN ROAD, ISHWARA LAYOUT 7^TH PHASE, J. P. NAGAR BENGALURU-560 078.

…PETITIONER

(BY SRI. AMAR ALEXANDER CORREA, ADVOCATE)

AND:

Digitally signed by RAKSHA

Location: High Court of Karnataka

STATE OF KARNATAKA

HOME DEPARTMENT

VIDHANA SOUDHA, BENGALURU-560 001 REP. BY ITS SECRETARY

COMMISSIONER OF POLICE

INFANTRY ROAD, BENGALURU-560 001 EMAIL ID:[email protected]

DEPUTY COMMISSIONER OF POLICE WHITEFIELD DIVISION WHITEFIELD MAIN ROAD

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WHITEFIELD, BENGALURU-560 066

ASSISTANT COMMISSIONER OF POLICE MARATHAHALLI, HAL OLD AIRPORT ROAD SECTOR 3, MARATHAHALLI BENGALURU-560 037

STATION HOUSE OFFICER VARTHUR POLICE STATION VARTHUR ROAD, BENGALURU-560 087

STATION HOUSE OFFICER H.A.L. POLICE STATION HAL OLD AIRPORT ROAD SECTOR 3, MARATHAHALLI BENGALURU-560 037

MR. PARITOSH JADHAV

S/O LATE DAULATRAO JADHAV AGED ABOUT 46 YEARS R/AT: CANDEUR LANDMARK BUILDING E BLOCK, PLOT NO.1703, SR. NO.243/3, STATE HIGHWAY 35 VARTHUR SARJAPUR ROAD NEAR GUNJUR, BENGALURU - 560 087

ALSO AT: NO.H-301, H BLOCK BREN UNITY, CHINNAPPANAHALLI MAIN ROAD BENGALURU-560 037

(AMENDMENT VIDE ORDER DATED 24.04.2026) …RESPONDENTS

(BY SRI. THEJESH P, HCGP, FOR R1 to R6 SRI. UPENDRA A.A., ADV, FOR R7)

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THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO TRACE AND PRODUCE THE DETENUE BY NAME Ms.SMRUTI VENKATESH AGED ABOUT 25 YEARS DAUGHTER OF THE PETITIONER MRS.THARA.R.L BEFORE THIS COURT.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and

HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

This Writ Petition (Habeas Corpus) is filed seeking the

following reliefs:-

" (i) Direct the respondents to trace and produce the Detenue by name Ms. Smruti Venkatesh, aged about 25 years, daughter of the petitioner Mrs. Thara R. L. before this Hon'ble Court, and;

(ii) Direct that the custody of the detenue Ms. Smruti Venkatesh, aged about 25 years, daughter of the Petitioner, be given to the petitioner the natural Guardian, for the purpose of having her medically treated and need be, even hospitalised as inpatient in a hospital as would be advised by the doctors."

We have heard Shri. Amar Alexander Correa,

learned counsel appearing for the writ petitioner, Shri. Thejesh

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P, learned High Court Government Pleader appearing for respondents No.1 to 6 and Shri. Upendra A. A, learned counsel appearing for respondent No.7.

We have also interacted with the writ petitioner as well as the alleged detenue over a WhatsApp call as arranged by the learned counsel appearing for respondent No.7.

The alleged detenue submits before us in clear terms that she is not under any illegal detention and that she is perfectly capable of looking after herself. She submits that she is 25 years old, a topper of BMS College of Engineering, Bangalore and that she is holding a good job as of now as an IT Consultant. She further submits that there have been several complaints about her made by her parents which are of the same nature and that she has given statements before three Magistrates that she is not under any illegal detention. She further submits that she is now married to one Shri. Paritosh Jadhav and that he is a Divorcee.

The writ petitioner, who appeared before us inperson expressed apprehensions about the age and health of

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Shri. Paritosh Jadhav as also with regard to the mental state and habits of the alleged detenue.

However, we are of the opinion that these are not the matters we can address in this writ petition filed seeking a Writ of Habeas Corpus. In view of the fact that the alleged detenue clearly informs us that she is not under any illegal detention, we cannot proceed further in this writ petition. The Writ Petition (Habeas Corpus) is accordingly closed .

In case the alleged detenue or her partner requires any police protection, it is for them to approach the Jurisdictional Police who shall look into the matter and take appropriate steps in accordance with law.

Sd/(ANU SIVARAMAN) JUDGE

Sd/(TARA VITASTA GANJU) JUDGE

CP, List No.:2 Sl No.:4