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2025 DIGILAW 850 (KAR)

K. Suresh Babu S/o Late Konda Deva Bhushnam v. State of Karnataka

2025-07-08

ANU SIVARAMAN, K.MANMADHA RAO

body2025
JUDGMENT : ANU SIVARAMAN, J. 1. The Writ Petition is filed by the petitioner seeking for issuance of a writ of habeas corpus to respondents No.2 to 7 to produce the wife of the petitioner named Smt. Vijaya Shanthi before this Court and handover her to him. 2. We have heard Shri. Kanishk Ravindran, learned counsel appearing for the petitioner and Shri. P. Thejesh, learned High Court Government Pleader appearing for the respondents. 3. It is submitted by the learned counsel appearing for the petitioner that the petitioner and his wife were lawfully wedded and their marriage was solemnized in accordance with Christian marriage rites on 19.05.2016. The petitioner, his wife and 2 children are residents of Kolar and Bengaluru. The petitioner's wife was mentally ill having high risk behavior, impaired judgment, self-harming, impulsive behavior and depression and she was diagnosed with: i) Recurrent Depressive Disorder, Moderate Depression with Somatic Syndrome. ii) Emotionally Unstable Personality Disorder, Impulsive Type. 4. It is also submitted that Keethavanan, along with his family members had allegedly abducted and wrongfully confined the petitioner's wife while she was undergoing treatment for mental illness. This case is pending under trial before II Additional Civil Judge and JMFC, Kolar Gold Fields. 5. It is further submitted that while returning from routine psychiatric consultation on 4 th July, 2023 she jumped off the bike and ran into Viveknagar Police Station, alleging domestic violence and upon investigation no signs of domestic violence was found. On the same day, she was admitted to the Female General Psychiatry Ward at St.John's Hospital and was discharged on 6 th July, 2023. She ran from the hospital gate to the Emergency Department but the petitioner was denied re-admission by the Medical Social Worker, who directed the petitioner to return in the morning. She was later found roaming near the hospital canteen in the midnight and went missing when the petitioner went to fetch his bike. 6. It is contended by the learned counsel appearing for the petitioner that the petitioner's wife did not receive appropriate treatment and counseling during in-patient psychiatry admission and there was medical negligence on the part of the hospital and that the Medical Social Worker let her out in the midnight without proper attention and care knowing about her mental condition. 7. It is contended by the learned counsel appearing for the petitioner that the petitioner's wife did not receive appropriate treatment and counseling during in-patient psychiatry admission and there was medical negligence on the part of the hospital and that the Medical Social Worker let her out in the midnight without proper attention and care knowing about her mental condition. 7. It is further submitted that the Hoysala Police located her at a nearby hostel and took both of them to the Viveknagar Police Station at around 2:00 AM. Despite informing police about his wife's mental condition the petitioner was detained, his phone and belongings were confiscated. The petitioner's wife was escorted away by a male constable at 3:30 AM and she never returned from then. A missing complaint was filed on 8 th July,2023 and a WPHC No.82/2023 was filed before this Court on 18 th August, 2023. It is contended that the Police submitted a false Status Report misleading the Court that the wife had eloped. The Writ Petition was closed on 04.09.2023, keeping in view of the history of the petitioner wife's conduct of being eloped twice with a person by name Keethavanan and with liberty to file a fresh petition based on the investigation. 8. It is further submitted that the petitioner searched extensively across multiple locations in Karnataka, Tamil Nadu, Andhra Pradesh, including St. John's Hospital but could not trace her whereabouts for the past 18 months and could not get any assistance from the police. The petitioner submits that the children's education and mental well-being have severely deteriorated. The family having no support system is suffering deeply due to the absence of the mother. 9. It is contended that the jurisdictional police have failed to act on the complaint lodged by the petitioner regarding the disappearance of his wife on 7 th July, 2023, despite multiple follow ups. 10. It is also contended that the last known custody of the petitioner's wife was with the police personnel, who is respondent No.6 herein, who had illegally detained the petitioner and separated him from his wife. It is also submitted that the petitioner's wife was not involved in any of the criminal activities, but also has been illegally detained. The wife was escorted by a male constable and has been missing since then. 11. It is also submitted that the petitioner's wife was not involved in any of the criminal activities, but also has been illegally detained. The wife was escorted by a male constable and has been missing since then. 11. It is further contended that the inaction and negligent approach of the Police have caused severe mental trauma to the petitioner and his children. The respondent police, despite having knowledge of her mental illness and whereabouts, deliberately failed to take action. The petitioner asserts that such behavior requires interference of this Court. 12. The Police Inspector, Vivekanagar Police Station, Bengaluru has filed a status report on 23.06.2025. It can be found from the status report that police personnel's were deputed on various dates between 29.03.2025 to 22.06.2025 to visit multiple locations across Kolar, Bengaluru and nearby locations and was reported that she was not found in any of the said locations. It is submitted that the Police are making best efforts to trace the wife of the petitioner. 13. We have considered the contentions advanced. The Writ Petition is filed seeking a writ of habeas corpus to command respondents No.2 to 7 to produce the wife of the petitioner. Though the learned counsel for the petitioner raises contentions with regard to negligence on the part of respondents No.2 to 7 in tracing the wife of the petitioner, we notice that there is no allegation that respondents No.2 to 7 are detaining the petitioner's wife or that they are aware of her whereabouts. From the materials placed on record, we notice that this is a case where the petitioner's wife has apparently left his company and is not traceable at present. A person missing complaint has been registered and the Police states that they have made earnest attempts to trace the petitioner's wife. We therefore find no merit in the contentions raised by the petitioner that the petitioner's wife was detained in police custody and that respondent No.6 had illegally detained the petitioner and separated him from his wife. 14. From the pleadings and the materials on record, it appears that the petitioner's wife was suffering from mental illness. In any view of the matter, in pursuance to the person missing complaint registered, the Police are making attempts to trace the petitioner's wife. 15. 14. From the pleadings and the materials on record, it appears that the petitioner's wife was suffering from mental illness. In any view of the matter, in pursuance to the person missing complaint registered, the Police are making attempts to trace the petitioner's wife. 15. In the above view of the matter, this Writ Petition is closed directing the jurisdictional police to make earnest attempts to trace out the petitioner's wife and to file final report in accordance with law before the jurisdictional Magistrate.