Smt Mubeena Banu v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD 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. 27 OF 2026 BETWEEN:

SMT. MUBEENA BANU W/O LATE SHABEER AHMED AGED ABOUT 50 YEARS R/AT NO.214, SRINAGAR BEHIND JAIL ROAD HASSAN CITY, HASSAN DISTRICT HASSAN 573 201 (MOTHER OF THE DETENU - ACCUSED NO.1) …PETITIONER (BY SRI. SYED AMEER, ADVOCATE) AND:

¶1STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU 560 001

2. SUPERINTENDENT OF POLICE HASSAN DISTRICT HASSAN 573 201

¶3STATION HOUSE OFFICER HASSAN CITY POLICE STATION HASSAN DISTRICT, HASSAN 573 201

Digitally signed by RAKSHA Location: High Court of Karnataka NC:(2026:KHC:16216-DB( WPHC(No.(27(of(2026( ( , ,,HC-KAR( ( (

4., STATION,HOUSE,OFFICER, UDAYAGIRI,POLICE,STATION,, MYSURU,DISTRICT,, MYSURU,570,019, ,

5., KESHAVA,PRASAD, SUB-INSPECTOR,OF,POLICE,, HASSAN,CITY,POLICE,STATION,, HASSAN,DISTRICT,,, HASSAN,573,201, ,

6., SUPERINTENDENT,OF,JAIL, DISTRICT,PRISON,,HASSAN,, HASSAN,573,201, …RESPONDENTS, (BY,SRI.,B.A.BELLIAPPA,,SPP-1,A/W, SRI.,P.,THEJESH,,HCGP), , , THIS,WP(HC),IS,FILED,UNDER,ARTICLES,226,,AND,227, OF,CONSTITUTION,OF,INDIA,,PRAYING,TO,A),,ISSUE,A,WRIT, OF, HABEAS, CORPUS, DIRECTING, THE, RESPONDENTS, TO, PRODUCE, THE, DETENUE, BEFORE, THIS, COURT, AND, SET, THE, THEM, AT, LIBERTY, BY, DECLARING, THIRE, DETENTION, IN, CONNECTION, WITH, CRIME, NO.0030/2026, OF, HASSAN, CITY, POLICE,STATION,AS,ILLEGAL,AND,UNCONSTITUTIONAL., , , 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:- "1. Issue a Writ of Habeas Corpus directing the respondents to produce the detenue before this Hon'ble Court and set the them at liberty, by declaring thire detention in connection with Crime No.0030/2026 of Hassan City Police Station as illegal and unconstitutional.

¶2Direct CCTV footage Storage of the respondent No.3 Hassan Police Station from

01.02.2026 to 03.02.2026 and respondent No.4 Udayagiri Police station from

31.01.2026 to 01.02.2026 to kept store and produced before this Hon'ble Court and furnished one pen drive to the accused persons enable the accused Persons to conduct fair trail along with independent enquiry into the illegal detention and custodial torture of the detenue.

¶3Direct the State Government to pay compensation of not less than Rs.25,00,000(Rupees Twenty Five Lakhs) to the detenue for the violation of their

fundamental rights and the custodial torture inflicted upon them, apart from such other reliefs as this Hon'ble Court deems fit in the interest of justice."

¶2We have heard the learned counsel appearing for the writ petitioner as well as the State Public Prosecutor appearing for the respondents.

¶3It is contended in the writ petition that the writ petitioner's son had been taken into custody illegally without any crime having been registered against him on 31.01.2026 at midnight. It is contended that a crime has been registered only on 03.02.2026. However, it is submitted that the detenue has now been produced before the Magistrate and is continuing in custody in the criminal case.

¶4The learned State Public Prosecutor appearing for the respondents submits that there are several criminal cases pending against the detenue as well as the writ petitioner herein and that the detenue is in judicial custody from

03.02.2026, in connection with Crime No.0030/2026 of the Hassan City Police Station.

¶5Having considered the contentions advanced, we notice that the contention in the writ petition itself is that the detenue is presently in custody, in connection with a crime. The contention raised is that the detenue had been kept under illegal detention from 01.02.2026 to 03.02.2026.

¶6In view of the fact that presently the detenue is in Judicial custody in connection with a crime, we are of the opinion that the Writ of Habeas Corpus cannot be sought for seeking production of a person who is admittedly in Judicial custody in connection with a crime. Accordingly, the Writ Petition (Habeas Corpus) is dismissed without prejudice to the contentions of the writ petitioner and the right of the detenue to move appropriate proceedings, in accordance with law.

Sd/- (ANU SIVARAMAN) JUDGE

Sd/- (TARA VITASTA GANJU) JUDGE

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