IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 01^ST DAY OF SEPTEMBER 2022

PRESENT

THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

AND

THE HON’BLE MR. JUSTICE ANIL B.KATTI

W.P.H.C. No.200008/2022

BETWEEN:

Laxminarayan S/o Venkobrao Nayak

Age: 60 years, Occ: Private Service,

R/o # 9/19, Gandhi Maidan,

Hutti Camp, Hutti, Tq. Lingasugur,

Dist. Raichur - 584 115.

... Petitioner

(By Sri Rajesh Doddamani, Advocate)

AND:

1.

The Superintendent of Police

Office of the Superintendent of Police,

Raichur - Hyderabad Rd, Manchalepur,

Raichur, Karnataka - 584 101.

2.

The Inspector General of Police,

North Eastern Range,

Police Bhavan, Near GIMS Hospital,

Kalaburagi - 585 103.

3.

The Inspector of Police,

Lingasugur Police Station,

Bacchi - Raichur Highway

Lingasugur - 584 115

Dist. Raichur.

WPHC No.200008/2022

2

4.

Basavaraj S/o Madyappa

Age: 26 years, Occ: Not Known,

R/o Gandhi Maidan, A-Line,

Near Lingavadhoot Temple,

Hatti Camp, Tq. Lingasugur,

Dist. Raichur - 584 115.

5.

Bharat S/o Gurunath

Age: 25 years, Occ: Not Known,

R/o Gandhi Maidan,

Near Adarsh Samudaya Bhavan,

Hatti Camp, Tq. Lingasugur,

Dist. Raichur - 584 115.

… Respondents

(Notice to Govt. Adv., Served unrepresented)

This WPHC is filed under Articles 226 and 227 of the

Constitution of India, praying to issue a writ of Habeas Corpus

directing the respondent No.1 to 3 to produce the detainee by

name 1.) Sushma Nayak D/o Laminarayan, Aged about 23

years R/o # A 9/19, Gandhi Maidan, Hutti Camp, Hutti, Tq:

Lingasugur, Dist : Raichur., 2.) Likita Nayak D/o Narsanna

Nayak, Age : 22 years, R/o Azad Nagar, Behind Tahsil Office,

Lingasugur, daughter & niece of the petitioner, present before

this Hon'ble Court., in the interest of justice.

This petition coming on for Preliminary Hearing, through

physical

hearing/video

conference,

this

day

Dr.H.B.Prabhakara Sastry J., made the following:

ORDER

The present petitioner Sri. Laxminaryan is the father

of Sushma Nayak, aged about 23 years and the maternal

uncle of one Lakitha Nayak D/o Narasanna Nayak, aged

about 22 years. According to the petitioner, his daughter

and niece went out of the house on 02.06.2022 at 1.30

WPHC No.200008/2022

3

p.m. informing that they would visit beauty parlor and

come back, however, they did not return till night. The

petitioner and the family members searched for the

missing girls in Lingasugur, Raichur and other places and

they could not trace the girls. The petitioner filed a

missing complaint before the Lingasugur Police Station on

04.06.2022

and

the

same

is

registered

in

Crime

No.110/2022 of Lingasugur Police Station. Subsequently,

petitioner came to know that his daughter and niece have

been abducted by the respondents No.4 and 5 and the

petitioner brought the said fact to the notice of respondent

Nos.1 and 3 vide his representation dated 23.07.2022.

However, even after bringing the said fact to the notice of

the respondent police authorities, the respondent police,

for the reasons best known to them have not taken any

action till today.

Being aggrieved by the inaction of

respondent No.3-police in not informing the petitioner

about the progress in the case and also for their inaction,

the petitioner has filed the present petition of Writ of

WPHC No.200008/2022

4

Habeas Corpus under Articles 226 and 227 of the

Constitution of India.

2.

The matter came up before this court on

17.08.2022. However, on the said date, after hearing the

submission made by the learned counsel, this Court

wanted the learned counsel for the petitioner to convince

the Court regarding the maintainability of the writ of

habeas corpus under the alleged circumstances of the

case. Today when the matter was come up, the learned

counsel for the petitioner has filed a memo with the

following three case laws.

i)

Order of the Hon'ble Supreme Court pass