Gist: Head Note: Cases referred: 1. 2023 Supreme (SC) 1164 2. 2008 14 SCC 283 3. 1997 KHC 245 4. 2008 AIR (SC) 1788 5. 2026 SCC OnLine Ker 13044 6. 2013 1 SC 314 7. 2026 1 SCC 500 8. 2026 LiveLaw (SC) 82 9. 2019 SCC OnLine Bom 2937 10. (2022) 13 SCC 542 11. (1986) 3 SCC 141 12. 1997 KHC 245 13. 2013 1 SCC 314

SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI & THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR

1. Whether Reporters of Local newspapers may be allowed to see the Judgments? Yes/No

2. Whether the copies of judgment may be marked to Law Reporters/Journals Yes/No

3. Whether Your Lordships wish to see the fair copy of the Judgment? Yes/No

____________________

RAVI NATH TILHARI, J

___________________

ALAPATI GIRIDHAR, J

Date of reserved for orders: 16.09.2026

Date of pronouncement: 13.10.2026

Date of uploading: 13.10.2026

APHC010469692026

(Special Original Jurisdiction)

TUESDAY, THE 13TH DAY OF OCTOBER, 2026

PRESENT

THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI & THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR

WRIT PETITION NO: 26235/2026

Between:

1. S ABENA PRAKASH, W/O. DR. RAVI PRAKASH, AGED ABOUT 62 YEARS, OCC HOUSE WIFE, R/O. AT KALA FARM, NEAR RNSIT COLLEGE, UTTARAHALLI-KENGERI MAIN ROAD, CHENNASANDRA, SUBRAMANYAPURA POST, RAJARAJESHWARI NAGAR, BENGALURU - 560098. ...PETITIONER

AND

1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY (HOME DEPARTMENT), SECRETARIAT BUILDING, VELGAPUDI, GUNTUR DISTRICT

2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, MANGALAGIRI.

3. THE SUPERINTENDENT OF POLICE, YSR KADAPA DISTRICT.

4. THE STATION HOUSE OFFICER, MYDUKUR POLICE STATION, YSR KADAPA DISTRICT.

5. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANASOUDHA, BENGALURU.

6. THE COMMISSIONER OF POLICE, BENGALURU CITY, KARNATAKA.

7. THE STATION HOUSE OFFICER, RAJARAJESHWARI NAGAR POLICE STATION, BENGALURU.

8. CHAGANABOINAMURALI MOHAN, S/O SUBBARAYUDU, AGED ABOUT 45 YEARS OCCUPATION BUSINESS, RESIDENT OF UPPAGUNTAPALLE VILLAGE, MYDUKUR MANDAL, YSR KADAPA DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S)

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Habeas Corpus, Writ of Certiorari and Writ of Mandamus, and be pleased to

(a) Issue a Writ of Habeas Corpus directing the Respondents to forthwith produce the body of the detenu, namely Dr. Ravi Prakash, S/o Late L. Shivalingaiah, Aged About 63 Years, R/at Kala Farm, Near RNSIT College, Uttarahalli-Kengeri Main Road, Chennasandra, Subramanyapura Post, Rajarajeshwari Nagar, Bengaluru 560098, presently confined pursuant to a remand report dt.31.08.2026 in Crime No.229 of 2026 of Mydukur Police Station, YSR Kadapa District, before this Hon'ble Court and, upon examining the legality and constitutional validity of his apprehension, transportation, remand and continued detention, be pleased to declare the same as illegal, arbitrary and violative of Articles 21 and 22 of the Constitution of India, and consequently direct his immediate release from custody

(b) Issue a Writ of Certiorari, or any other appropriate Writ, Order or Direction, calling for the entire original records relating to Crime No.229 of 2026 of Mydukur Police Station, YSR Kadapa District, including the First Information Report and the Remand Report dated 31.08.2026, and after examining the legality, validity and constitutional propriety thereof, be pleased to quash the said First Information Report and the consequential Remand Report insofar as they relate to the detenu, as being illegal, arbitrary, without jurisdiction and violative of Articles 21 and 22 of the Constitution of India.

(c) Issue a Writ of Mandamus directing the respondent