THE HIGH COURT OF KARNATAKA
B M SHYAM PRASAD AND SHIVASHANKAR AMARANNAVAR
MANIKANTA S/O MANJUNATH – Appellant
Versus
STATE OF KARNATAKA – Respondent
WPHC 100004/2026
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR W.P. HABEAS CORPUS NO.100004 OF 2026 BETWEEN:
MANIKANTA, S/O. MANJUNATH, AGE: 22 YEARS, OCC: FITTER IN RBS, R/O: 23RD WARD, KARIGANURU TQ: HOSAPETE, DIST: VIJAYANAGARA, KARNATAKA – 583 201.
… PETITIONER (BY SRI. VISHWANATH HEGDE, ADVOCATE)
AND:
1. STATE OF KARNATAKA, REP. BY ITS SECRETARY, HOME DEPARTMENT, VIDHAN SOUDHA, BENGALURU – 01.
2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, KARNATAKA, NRUPATHUNGA ROAD, BENGALURU – 01.
3. THE SUPERINENDENT OF POLICE, VIJAYANAGARA, TQ: HOSAPETE, DIST: VIJAYANAGARA – 583 101.
4. THE POLICE SUB INSPECTOR, GRAMEENA POLICE STATION, HOSAPETE, DIST: VIJAYANAGARA – 583 201.
5. B. NAGARAJ, AGE. MAJOR, OCC. NOT KNOWN, R/O: 23RD WARD, KARIGANURU, TQ: HOSAPETE, DIST: VIJAYANAGARA, KARNATAKA 583 201.
6. B. SAVITRI, W/O. B. NAGARAJ, AGED: MAJOR, OCC: NOT KNOWN, R/O: 23RD WARD, KARIGANURU, TQ: HOSAPETE, DIST: VIJAYANAGARA, KARNATAKA – 583 201.
… RESPONDENTS (BY SRI. SHARAD MAGADUM, AGA FOR R1 TO R4) THIS WPHC IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT OF HABEAS CORPUS OR OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO PRODUCE PETITIONER’S WIFE B. RAJESWARI BEFORE THIS HON’BLE COURT IN THE INTEREST OF JUSTICE AND ETC., THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD)
The petitioner, the detenue and their parents are present. The petitioner and the detenue assert that they have been married, with the petitioner, who has invoked this Court’s jurisdiction under Article 226 of the Constitution of India, stating that the detenue’s parents [the fifth and sixth respondents] are opposed to their marriage. The detenue, when queried about the marriage, is categorical that [a] she has married the petitioner on her own volition; [b] she is keen on leading her marital life with him and [c] she has stated with the police, during the enquiry into a missing complaint lodged by her father, that she is accompanying her parents because the petitioner was insisting that she must return with him immediately.
This Court must record that the detenue is unequivocal in stating that her parents have assured that her marriage with the petitioner would be formally made known to all within 3-5 months and that this Court must advise the petitioner accordingly. The petitioner and his parents also agree that the marriage could be formally made known over the next 3-5 months. In that light of the afore, the petition stands disposed off observing that none of the parents shall act contrary to the wishes of the petitioner and the detenue.
Sd/-
(B.M.SHYAM PRASAD)
JUDGE Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE KMS/CT: ASC List No.: 2 Sl No.: 1
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