Rasim Rehman v. State of Karnataka

NC:(2026:KHC:14561-DB( WPHC(No.(11(of(2026( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(11 (DAY(OF(MARCH,(2026(

PRESENT( THE(HON'BLE(MRS.(JUSTICE(ANU(SIVARAMAN( AND(( THE(HON'BLE(MS.(JUSTICE(TARA(VITASTA(GANJU( WRIT(PETITION((HABEAS(CORPUS)(NO.11(OF(2026(( ( BETWEEN:(( ( RASIM,REHMAN, S/O,ERABHIM,, AGE,ABOUT,41,YEARS,, THR/AT.1206A,,13 ,FLOOR,,

CONFIDENT,ANTLIA,III,, SARJAPURA,ATTIBELE,ROAD,, NEXT,TO,ST.,PHILOMENA,ENGLISH,SCHOOL,, SARJAPURA,,BENGALURU,, KARNATAKA-562,125, …PETITIONER, , (BY,SRI.,SIRAJUDDIN,AHMED,,ADVOCATE), Digitally , signedtiby ,RAKSHA AND:( Location: (High0Court

1., STATE,OF,KARNATAKA,of Karnataka BY,ITS,PRINCIPAL,SECRETARY, HOME,DEPARTMENT, VIDHANA,SOUDHA, BENGALURU-560,001, ,

2., COMMISSIONER,OF,POLICE, BENGALURU,CITY,No.01, INFANTRY,ROAD, BENGALURU-560,001, , NC:(2026:KHC:14561-DB( WPHC(No.(11(of(2026( ( , ,,HC-KAR( ( (

3., THE,SHO,,BELLANDUR,P.S., 37,,SARJAPUR,MAIN,ROAD, AMBLIPURA,PWD,QUARTERS, ST1 ,SECTOR,,BELLANDUR,, BENGALURU,,KARNATAKA-560,103, ,

4., SANTOSH,GOWDAR, S/O,NOT,KNOWN, R/AT.,No.58/22,,KAMAKYA,LAYOUT, RD3 ,STAGE,,BANASHANKARI, BENGALURU-560,085, ,

5., SMT.,RANI,DEVI, W/O,JITENDRA,KUMAR, AGED,ABOUT,54,YEARS, No.311,,PLOT,No.61, JAIMALHAR,NAGAR, NEAR,KANDOBA,MANDIR, PUNE,,MAHARASHTRA-411,047, AMENDED,V.C.O.,DATED,11.03.2026, , …RESPONDENTS KHUSHBU,KAMARI,JHA, AGED,ABOUT,26,YEARS, THROOM,No.401,,4 ,FLOOR, ASHRITA,HOME,,OTER,RING,ROAD, BESIDE,UDUPI,AATITHYA, OPP.,TO,CENTRO,MALL, BELLANDUR,,BENGALURU-560,103, , …DETENUE, , (BY,SRI.,P.,THEJESH,,HCGP,FOR,R1,TO,R3;, ,,,,,,SRI.,KRISHNA,KUMAR,K,,ADVOCATE,FOR,R4;, ,,,,,,SRI.,SUYOG,HERELE,,ADVOCATE,FOR,R5;, ,,,,,,SRI.,LAXMINARAYAN,N.,HEGDE,,ADVOCATE,FOR,DETENUE), , , THIS,WP(HC),IS,FILED,UNDER,ARTICLES,226,AND,227,, OF,THE,CONSTITUTION,OF,INDIA,PRAYING,TO,ISSUE,,A,WRIT, OF, HABEAS, CORPUS, OR, ANY, OTHER, APPROPRIATE, WRIT,,

ORDER OR DIRECTION, DIRECTING RESPONDENT Nos.2 AND 3 TO PROUDCE THE DETENUE - KHUSHBU KUMARI JHA BEFORE THIS COURT SET HER FREE.

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)

We have heard Shri. Sirajuddin Ahmed, learned counsel appearing for the petitioner, Shri. Thejesh P, learned High Court Government Pleader appearing for respondents No.1 to 3, Shri. Krishna Kumar K, learned counsel appearing for respondent No.4, Shri. Suyog Herele, learned counsel appearing for respondent No.5 and Shri. Laxminarayan N. Hegde, learned counsel appearing for respondent No.6. We have also interacted with the alleged detenue as well as Mr. Rasim Rehman, the petitioner.

¶2The alleged detenue informs us that she was in a One Stop Center for the past ten days and has had the occasion to think very deeply about her situation. She submits that she is clear in her mind and desires to accompany the petitioner. She further submits that some of her personal belongings and documents are with her parents and the Police may be requested to get the documents and personal effects for her.

¶3The petitioner as well as the alleged detenue has informed us that they intend to give a notice of their intended marriage and to solemize their marriage under the Special Marriage Act, 1954.

¶4Having considered the contentions advanced and having interacted with the detenue as well as the petitioner for a considerable time, we are of the opinion that the detenue is a sound-minded 26 years old woman and is well aware of what she is doing.

¶5In the above circumstances, the detenue is set at liberty to accompany the petitioner, if she so wishes. The marriage under the Special Marriage Act shall be registered without delay. The Police shall consider any other request made by the detenue including ensuring the security of both the petitioner and the detenue.

¶6The Writ Petition (Habeas Corpus) stands disposed of as above.

Sd/- (ANU SIVARAMAN) JUDGE

Sd/- (TARA VITASTA GANJU) JUDGE

CP List No.: 16 Sl No.: 1