SMT. USHA RAVINDRA vs PRINCPAL SECRETARY / ACS
- Court
- Karnataka High Court
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 25 DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA
WRIT PETITION HABEAS CORPUS NO. 7 OF 2026
BETWEEN:
SMT. USHA RAVINDRA
AGED ABOUT 41 YEARS,
ND
RESIDING AT NO.20, 2 MAIN ROAD,
BEHIND AMBABHAVANI TEMPLE
AMBABHAVANI NAGAR, DODDABETTAHALLI,
VIDYARANYAPURA POST,
BANGALORE - 97
…PETITIONER
(BY SRI. GIRI KUMAR S.V., ADVOCATE)
AND:
1.
PRINCPAL SECRETARY / ACS
DEPARTMENT OF HOME
NO.322, VIDHANA SOUDHA,
BANGALORE - 560 001.
2. DCP NORTH EAST,
OFFICE OF THE DCP
VIDYARANYAPURA
BANGALORE - 560 097
Digitally signed
by PAVITHRA B
Location: HIGH
COURT OF
KARNATAKA
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3. SHO, VIDYARANYAPURA P/S
YELAHANKA SUB DIVISION,
BANGALORE CITY - 560 097
4. UNIQUE IDENTIFICATION AUTHORITY OF INDIA
SITUATED AT BEHIND KALI MANDIR,
ON BANGLA SAHIB RAOD, GOLE MARKET,
NEW DELHI - 110 001
…RESPONDENTS
(BY SRI. B.N. JAGADEESHA, SPP-I FOR R1 TO R3
SRI. K. ARAVIND KAMATH, ASG1 A/W
SMT. SAFALYA S. WAGLE, CGC FOR R4)
THIS WP(HC) IS FILED UNDER ARTICLE 226 AND 227 OF
CONSTITUTION OF INDIA, BY THE PETITIONER, PRAYING TO
A) ISSUE ANY SUCH WRIT OR DIRECTIONS TO PRODUCE KUM.
TANISHK R. AGED ABOUT 19 YEARS WHO IS YOUNGER
DAUGHTER OF PETITIONER UNDER THE JURISDICTION OR
OTHER WISE OF THE VIDYARANYAPURA POLICE STATION OR
ANY OTHER PLACE SINCE SHE IS THE UNDER THE CARE OF
THE PETITIONER ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE T.P.VIVEKANANDA
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ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
1. This petition was filed on 09.02.2026 seeking
issuance of writ of habeas corpus to produce the
petitioner's daughter.
2. We have heard Sri.Giri Kumar S.V, learned counsel
appearing for the petitioner, Sri.B.N.Jagadeesha, learned
Special Public Prosecutor-I for respondent Nos.1 to 3 and
Sri.Aravind Kamath, learned Additional Solicitor General of
India along with Smt.Safalya S Wale, learned Central
Government Counsel for respondent No.4.
3. It was contended that the petitioner's daughter, who
was aged about 19 years was missing since 31.01.2026.
She had proceeded to attend her college at Yelahanka, but
did not return. It was specifically alleged in the writ
petition that the petitioner's daughter, along with another
student of the same college were missing and had not
returned to their respective homes. It is stated that a
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complaint was lodged and an F.I.R was registered as
Crime No.47/2026 at Vidyaranyapura Police Station. It
was stated that the student who had accompanied the
petitioner's daughter was a minor, aged less than 17
years. The photographs of the two girls and their identity
particulars including Aadhaar card of the petitioner's
daughter were produced along with the petition.
4. Learned SPP-I had taken notice on behalf of the
respondents and the status report by way of affidavit was
placed on 03.03.2026 by the Police Inspector working at
Vidyaranyapura Police Station, stating to be the
Investigating Officer in Crime No.47/2026.
5. It was specifically stated therein, that the missing
complaint was being investigated and that a look-out
notice was sent via email to the Control Room and to all
the police stations in Bengaluru City, as well as to all the
police stations across the State. It was also stated therein
that information was received that the girls had gone to
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Mysuru and a woman Police Constable was deputed to
Malemahadeshwara Hills, Chamarajanagar District to
search for the missing girls, but they were not traced. The
further details of the investigation were also made
available in the said status report. It was also contended
that the photographs of the missing girls have been
circulated. It is also stated that the A.S.I., of
Vidyaranyapura Police Station had visited the office of the
Deputy Commissioner of Police and verified facial
identification details through the matched twin systems,
but no positive results were obtained. A further status
report was placed on record on 10.03.2026, stating that
the photographs of both the missing girls have been
circulated widely and the information has been published
in daily newspapers again on 04.03.2026. It was further
stated that information was received from a member of
the public that two girls were seen at Mysuru bus stand
and that, the investigation was being carried out in terms
of the said intimation as well.
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6. It is further stated that, on 05.03.2026 a circular
regarding the missing girls was again circulated to all
police stations of Bengaluru City through police staff
requesting information, if any clue was found. On
06.03.2026, it is stated that after watching TV-9 News
channel where the news of the missing girls was
broadcasted, a person had approached the police and the
said lead was also being investigated. Further, it is
specifically stated that the investigation was being carried
out in all earnest and that, the details along with
photographs had been circulated by the Investigating
Officer.
7. Later, status reports have been placed on record on
06.04.2026, 03.06.2026, 12.08.2026 and 20.08.2026.
Thereafter, the petitioner's daughter was finally located in
Kanakapura and was produced before this Court on
09.09.2006. Thereafter, the other missing girl was also
produced before the Court on 15.09.2026.
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8. Though the girls were produced with regard to the
investigation conducted, this Court had directed the S.P.P.,
to file a comprehensive report with regard to the
investigation. A detailed final investigation status report
by way of an affidavit has been placed on record today.
9. We notice from the said report that, it has been
specifically stated that the F.I.R was registered on
01.02.2026 and immediately thereafter, on 02.02.2026,
the missing persons' details were circulated to police
stations in the North and West Divisions, and it was
indicated that the girls had expressed an intention to leave
Mysuru and were seen at Yelahanka railway station at
about 10.00 a.m. on 31.01.2026. It is stated that on the
basis of the information, the investigation was extended to
Mysuru and adjoining areas including Malemahadeshwara
Hills and that on 09.02.2026, the photographs and
particulars of the missing girls were forwarded to
Akashvani Radio Center, Vijaya Karnataka and Prajavani
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for publicity and notices were displayed at crowded places
including bus stands and railway stations.
10. It is stated that on 11.02.2026 and 12.02.2026, a
police team had conducted searches in Mysuru,
Nanjanagudu, Chamundeshwari Betta, Malemahadeshwara
Hills and surrounding areas and that on 14.02.2026,
further searches were conducted in Mysuru and
surrounding areas as well as in other areas including
Malemahadeshwara Hills and in other surrounding areas.
Further, it is stated that further searches were conducted
in Ramanagara District on 31.03.2026 and that the details
of the missing girls were made available in all police
stations including Kanakapura and Malemahadeshwara
Hills. Further, it is stated that one of the missing girls was
present in the Malemahadeshwara Hills and had been
selling agarabathi and other pooja articles there, since
February. Thereafter, it is stated at paragraphs No.37 and
41 of the present status report as follows:
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"36. It is submitted that during the enquiry, it was
further revealed that on 11.02.2026, Ganesh and
Tanishka married at Hebbettu Basaveshwara Temple,
Alagur, in the presence of Ganesh's parents and
relatives. It was further ascertained that Ganesh was
working at the residence of Bhaskar Holige Mane in
Malleshwaram, Bengaluru, and that Tanishka was
approximately seven months pregnant.
47. It is submitted that the investigation into MM
Hills was pursued continuously from the earliest
stage of the case and was subsequently corroborated
by statements recorded after the girls were traced.
The initial information regarding their movement
towards Mysuru and MM Hills was followed by
searches on 09.02.2026, 11.02.2026, 12.02.2026
and 16.02.2026 to 18.02.2026. On 04.03.2026, a
further specific lead was received that two girls had
spoken to a person at Hanur Bus Stand and
thereafter alighted at MM Hills. Thereafter, from
12.03.2026 to 15.03.2026, an intensive search was
conducted covering Chamarajanagar, Kollegal, Hanur
and MM Hills, including hotels, PG accommodations,
shops, petrol bunks, tourist places, Police Stations
and UDR records."
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11. From the above, it is clear that while the detailed
enquiry as stated by the police was being conducted, the
girl who had gone missing along with the petitioner's
daughter was present at the Malemahadeshwara Hills.
It is also the contention that the said girl is a minor.
Further, it is also clear from the report placed on record
that the petitioner's daughter had approached the Kodihalli
Police Station, Kanakapura Circle on 12.07.2026 in
connection with a complaint involving one Sri.Nagesh, a
resident of Kalligowdanadoddi Village, Kanakapura. It is
stated that during the enquiry at the police station, the
S.H.O had specifically questioned the petitioner's daughter
regarding her identity and whereabouts and she had
divulged that she had left her parental home and had
come away to marry Shri.Ganesh.
12. When the missing girls were produced before us, one
of the girls had specifically stated that they had voluntarily
left their residence and had proceeded towards the
Kodagal Hill, intending to end their lives and that they
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were dissuaded from the said detention by one,
Shri.Ganesh. Therefore, we notice that at the time when
the look out notice is said to have been issued, and the
photographs and the details of the missing girls were
available at all the police stations in the State, one of the
girls was freely moving about in the Malemahadeshwara
Hills area and the police had not taken any steps either to
identify or apprehend her.
13. Further, we notice that the petitioner's daughter
actually had been to Kodihalli Police Station of Kanakapura
Circle on 12.07.2026 when the details and the look out
notices were available in the said police station. The S.H.O
had questioned her and she had also stated that she had
come away from her home to marry Shri.Ganesh.
However, inspite of the clear availability of the look out
notices and the details, the girls were not identified by the
police and no steps were taken to produce them before
this Court or the concerned Authorities.
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14. We are of the opinion that this is a clear failure on
the part of the police, both at the Kodihalli police station of
Kanakapura Circle, as well as Malemahadeshwara Hill
police station in the conduct of investigation.
15. We also notice that the petitioner's daughter could be
traced because her Aadhar details were located with the
co-operation extended by respondent No.4. The efforts
made by the police, could not trace the girls who were
freely moving about in the vicinity of Malemahadeshwara
Hill, as well as the Kodihalli Police Stations.
16. We therefore, are of the opinion that the
investigation of the missing girls leaves much to be
desired. We notice that even inspite of clear guidelines
having been issued by the Hon'ble Apex Court in the
decision reported in Hori Lal Vs. Commissioner of
Police, Delhi and others, 2002 SCC Online SC 37,
the
necessary seriousness has not been given to the
investigation, especially in a case where one of the missing
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girl was a minor. The Hon'ble Apex Court in the decision
referred to, has specifically pointed out as under;
"11. For the time being as suggested by Learned
Authority General and learned counsel for the parties
for having effective search of the Kidnapped minor
girls, following steps shall be taken by the
Investigation Officer in all the States:
(1) Publish photographs of the missing persons in
the Newspaper, telecast them on Television
promptly, and in case not later than one week of
the Receipt of the complaint. Photographs of a
missing person shall be given wide publicity at all
the prominent outlets of the city/town/village
concerned that is at the Railway Stations, Inter
state bus Stands, airport, regional passport office
and through law enforcement personnel at Border
checkpoints. This should be done promptly and in
any case not later than one week of the receipt of
the complaint. But in case of a minor/major girl
such photographs shall not be published without
the written consent of the parents/guardians.
(2) Make inquiries in the neighborhood, the place
of work/study of the missing girl from friends
colleagues, acquaintance, relatives etc.
immediately. Equally all the clues from the papers
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and belongings of the missing person should be
promptly investigated.
(3) To contact the Principal, Class teacher and
Students at the missing persons most recent
school/educational institutions. If the missing girl
or woman is employed somewhere, then to
contact the most recent employer and her
colleagues at the place of employment.
(4) Conduct an inquiry into the whereabouts from
the extended family of relatives, neighbours,
school teachers including school friends of the
missing girl or woman.
(5) Make necessary inquiries whether there have
been past incidents or reports of violence in the
family."
17. The Apex Court in Bachpan Bachao Andolan v.
Union of India order dated 17.01.2013 passed in
W.P.(C) No. 75 of 2012, directed that a complaint
regarding a missing child must be reduced into an FIR,
and that appropriate steps should be taken to see that
follow up investigation is taken up immediately. By its
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subsequent order dated 10.05.2013 in the same writ
petition, the Apex Court held that in every case of a
missing child, there will be an initial presumption of either
abduction or trafficking, unless the investigation proves
otherwise, with particular emphasis on cases involving a
girl child. The Apex Court also noted that, without such
effective follow-up, missing children remain untraced and
are mere slips of paper in the police stations.
18. In Pinki v. State of Uttar Pradesh , reported in
(2025) 7 SCC 314 , the Apex Court reiterated the
directions in Bachpan Bachao Andolan ' s case (supra),
that every complaint of a missing child must be registered
as an FIR and investigated immediately, with an initial
presumption of abduction or trafficking. The Apex Court
directed all State Governments to implement the
recommendations of a study commissioned by the National
Human Rights Commission on effective law enforcement
and prosecution in human trafficking cases, and remarked
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that any laxity on the part of the authorities would be
viewed very strictly.
19. A Coordinate Bench of this Court, in Ramakrishna
v. Director General of Police order dated 12.09.2025
passed in WPHC.No.100012 of 2024 , comprehensively
reviewed the Standing Orders, circulars and Standard
Operating Procedures governing missing-person cases in
this State. The Bench observed that in the case of a
missing woman and/or minors, the said complaint would
have various ramifications like trafficking. The State was
also directed to stipulate in its circular that officers who fail
to follow these directions shall be liable to face appropriate
disciplinary proceedings in accordance with the relevant
service rules.
20. However, in the instant case, though the details and
the photographs of the missing girls were available
publicly and specifically made available to all the police
stations in the State, one of the missing girls had come
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before the police with a complaint and had also stated
before the police that she had come away from her home.
However, even inspite of such presence of the missing girl
before the Kodihalli police station on 12.07.2026, no
further steps appear to have been taken to identify the
girls or to take appropriate steps in accordance with law.
21. Production of the girls before this Court on
09.09.2026 occurred only due to the fact that her Aadhar
card had been updated and the details were made
available by respondent No.4.
22. In the facts of the instant case, we are of the opinion
that this is a fit case where the D.G and I.G of Police
should conduct an appropriate enquiry into the failure on
the part of the jurisdictional police to take appropriate
steps in the investigation of the matter and to take
necessary action against the officers found guilty of laxity
or failure in the conduct of the investigation.
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23. We are of the opinion that this is indeed a matter of
great concern, since two girls, one aged 19 years and the
other a minor, had been missing for more than eight
months and no proper steps had been taken inspite of the
fact that they were moving about freely and the Police had
taken no steps to conceal their identity or whereabouts.
24. The appropriate steps shall be taken by respondent
No.1 to see that the proper investigation is conducted by
the D.G and I.G of Police and the appropriate corrective
steps are taken in this regard at the earliest.
25. We wish to place on record our appreciation for the
efforts taken by the learned S.P.P, as well as, learned
A.S.G in assisting the investigation and for taking the
necessary initiatives to see that the girls are traced. The
appropriate further steps shall be taken by respondent
No.1, in accordance with law, without further delay.
26. It is further directed that the report of the enquiry
and investigation so conducted shall be filed before the
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Registry of this Court by respondent No.1 within four
months.
27. Accordingly, this petition is disposed of .
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(T.P.VIVEKANANDA)
JUDGE
GH
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