SMT MARRY USHA vs STATE OF KARNATAKA

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 29 DAY OF APRIL, 2026

PRESENT

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

AND

THE HON'BLE MS. JUSTICE TARA VITASTA GANJU

WRIT PETITION HABEAS CORPUS NO.35 OF 2026


BETWEEN:

SMT. MARRY USHA
W/O MR. GNANAPRAKASH,
AGED 44 YEARS,
RESIDING AT ALADAMARA BEML LAYOUT,
BHARATH NAGAR,
KGF, KOLAR DISTRICT 563101.
…PETITIONER








(BY SRI. HASHMATH PASHA, SENIOR COUNSEL FOR
SRI. KARIAPPA N.A., ADV.)


AND:

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

2. DEPUTY COMMISSIONER
AND DISTRICT MAGISTRATE
KOLAR,
KOLAR DISTRICT 563101


Digitally
signed by
RAKSHA
Location:
High Court
of Karnataka

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3. SUPERINTENDENT
CENTRAL JAIL
BELLARY-583 103

(ALL ARE REPRESENTED BY
LEARNED GOVERNMENT ADVOCATE,
AG OFFICE, HIGH COURT OF KARNATAKA,
BANGALORE)
…RESPONDENTS
(BY SRI. B.A.BELLIAPPA, SPP-1 A/W
SRI. P. THEJESH, HCGP)

THIS WPHC IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF
HABEAS CORPUS OR A WRIT OR ORDER OR DIRECTION OF
APPROPRIATE IN NATURE TO QUASH THE DETENTION ORDER
DATED 11.12.2025 AS PER ANNEXURE-A PASSED BY
RESPONDENT NO.2 UNDER REFERENCE NO.MAG/L AND
O/05/2025-26 AS ILLEGAL AND ALSO CONSEQUENTLY
RELEASE ABHICYRILL @ ABHI FROM DETETION, CENTRAL
PRISON, BELLARY AND ETC.

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

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ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

This Writ Petition (Habeas Corpus) is filed seeking the
following reliefs:-
"1) To quash the detention order dated
11.12.2025 as per Annexure-A passed by
Respondent No.2 under reference No.MAG/L
& O/05/2025-26 as illegal and also
consequently release Abicyrill @ Abhi from
Detention, Central Prison, Bellary in the ends
of justice.

2) To quash the order of approval dated
17.12.2025 passed by Respondent No.1 as
per Annexure-B under reference
No.HD59OSST-2025 AS Illegal and abuse of
process.

3) To Quash the confirmation order dated
27.01.2026 passed by Respondent No 1 as
per Annexure-C under Reference No
HD59OSST 2025 and consequently release
the Abicyrill @ Abhi from detention, central
prision Bellary forthwith in the interest of
justice"
2. We have heard Shri. Hashmath Pasha, learned
senior counsel as instructed by Shri. Kariappa N.A, learned

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counsel appearing for the writ petitioner as well as B.A.
Belliappa learned State Public Prosecutor-I along with Shri.
P. Thejesh, learned High Court Government Pleader
appearing for the respondents.
3. It is submitted by the learned counsel
appearing for the writ petitioner that the Order of
Detention is passed in view of ten cases that had been
registered against the detenue. It is further submitted that
the detenue is aged 19 years and that many of the
offences taken into account to pass the Order of Detention
were committed when he was a juvenile, that is, below the
age of 18 years. It is further submitted that in view of
provisions of the Juvenile Justice (Care and Protection of
Children) Act, 2015, specifically Section 24 thereof, there
can be no detention based on offences committed by a
person below the age of 18 years.
4. The learned High Court Government Pleader
appearing for the respondents/State has placed on record
statement of objections. It is submitted therein that the
Order of Detention dated 11.12.2025 is passed under the
provisions of the Karnataka Prevention of Dangerous
Activities of Bootleggers, Drug-Offenders, Gamblers,
Goondas, Immoral Traffic Offenders, Slum Grabbers and

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Video or Audio Pirates Act, 1985 ('1985 Act' for short). It
is further stated that the detenue, that is, Sri. Abicyrill. G
@ Abhi has been habitually indulging in serious criminal
and anti-social activities involving offences of murder,
attempt to murder, assault, obstruction of public servants
and offences under the Arms Act, thereby disturbing public
peace and creating fear and insecurity among the general
public. The list of offences are as under:-

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5. It is further submitted that though the detenue
is aged only 19 years he has been involved in criminal
activities since his juvenile age. It is further stated that in
view of his conduct, a Rowdy Sheet has been opened
against him in Andersonpet Police Station on 06.12.2024
and Oorgaum Police Station on 21.11.2024.

6. The learned State Public Prosecutor-I therefore
seeks to support the Order of Detention on the ground
that the subjective satisfaction arrived at is well founded.

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7. We have considered the contentions advanced.
The Order of Detention specifically states that the detenue
is presently aged 19 years and his date of birth is stated to
be 08.10.2006. It is clear that as on the date of passing of
the Order of Detention, that is, 11.12.2025 he is aged 19
years. The offences which are relied on to arrive at the
subjective satisfaction that an Order of Detention is
required to be passed, are those committed in the years
2023, 2024 and 2025. With regard to the first offence,
date of commission is admittedly on 24.05.2023. The
second offence is one committed on 17.08.2023. The third
offence is committed on 30.01.2024. The further offences
are on 22.04.2025, 10.02.2023, 01.05.2024, 09.11.2024
and 13.05.2024 etc.
8. Therefore, it is clear that atleast in some of the
cases which are admittedly relied upon to arrive at the
subjective satisfaction that the preventive detention is
required, the detenue was below the age of 18 as on the
date of commission of the offence.
9. The Juvenile Justice Act defines 'child' as a
person who has not completed 18 years of age. Section
2(12) of the Juvenile Justice Act contains the said

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definition. Section 24 of the Juvenile Justice Act reads as
under:-
" 24. Removal of disqualification on the
findings of an offence.- (1) Notwithstanding anything
contained in any other law for the time being in force, a
child who has committed an offence and has been dealt
with under the provisions of this Act shall not suffer
disqualification, if any, attached to a conviction of an
offence under such law:
Provided that in case of a child who has completed
or is above the age of sixteen years and is found to be in
conflict with law by the Children's Court under
clause (i) of sub-section (1) of section 19, the provisions
of sub-section (1) shall not apply.

(2) The Board shall make an order directing the
Police, or by the Children's Court to its own registry that
the relevant records of such conviction shall be
destroyed after the expiry of the period of appeal or, as
the case may be, a reasonable period as may be
prescribed:
Provided that in case of a heinous offence where
the child is found to be in conflict with law under
clause (i) of sub-section (1) of section 19, the relevant
records of conviction of such child shall be retained by
the Children's Court."

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10. We notice that the Juvenile Justice (Care and
Protection of Children) Act, 2015 is a law made under the
provisions of Article 15(3) of the Constitution of India to give
effect to Clauses (e) and (f) of Articles 39, 45 and 47 of the
Constitution to ensure that the needs of children are met and
their basic human rights are fully protected. The enactment is
also intended to give effect to the United Nations Convention on
the Rights of the Child, 1992 and United Nations Standard
Minimum Rules for Administration of Juvenile Justice, 1985 as
well as the Hague Convention on Protection of Children and Co-
operation of Inter-country Adoption, 1993 and other related
international instruments.
11. The intention of Section 24 of the Juvenile Justice
Act is to see that a child who has committed an offence does
not suffer any disqualification on account of such commission.
The only exception is with regard to a child who is tried as an
adult under Section 19 of the Juvenile Justice Act. It is
therefore clear that it is only in the case of a child who has
completed or is above the age of 16 years and has committed a
heinous offence and has been tried as an adult, that the details

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of the conviction can be retained and that too, only by the
Children's Court.

12. In the facts and circumstances of the instant case,
where several of the offences which are relied on to justify the
preventive detention were committed at a time when the
detenue had not attained the age of 18 years and were not
cases where he was tried as an adult for heinous offences, we
are of the opinion, that the very fact that those offences were
taken into consideration for the purpose of arriving at the
subjective satisfaction as to the detention of the detenue by
itself would vitiate the Order of Detention and will go against
the very purpose of the Juvenile Justice Act and Section 24
thereof.
13. In view of the discussion above, we are of the
opinion that the detention order under challenge in this writ
petition cannot be sustained. The detention order is accordingly
set aside. The detenue shall be enlarged and set at liberty, in
case, his detention is not required in any other pending case.

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14. The Registry shall immediately communicate the
operative portion of this order to the Superintendent of Central
Prison, Bellary, today itself, to facilitate the release of the
detenue.


Sd/-
(ANU SIVARAMAN)
JUDGE

Sd/-
(TARA VITASTA GANJU)
JUDGE



RAK
List No.: 2 Sl No.: 5