IN THE HIGH COURT OF KARNATAKA AT BENGALURU

WRIT PETITION NO. ______ OF 2024

In the matter of:

Luv Agarwal, S/o Manish Agarwal, Aged about 26 years, Residing at #45, Green Park Layout,
Koramangala, Bengaluru - 560034 ………………...Petitioner

Versus

1. State of Karnataka ...Respondent No. 1

2. Harish Kumar Sharma, S/o Late Gopal Sharma, Aged about 54 years, Residing at #23,
Rosewood Street, Jayanagar, Bengaluru - 560041 ...Respondent No. 2
3. Anjali Sharma, W/o Harish Kumar Sharma, Aged about 49 years, Residing at #23,
Rosewood Street, Jayanagar, Bengaluru - 560041 ...Respondent No. 3
4. Kushi Sharma, D/o Harish Kumar Sharma, Aged about 25 years, Residing at #23, Rosewood
Street, Jayanagar, Bengaluru - 560041 ...Respondent No. 4

PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR THE

ISSUANCE OF A WRIT OF HABEAS CORPUS

MOST RESPECTFULLY SHOWETH:

1. The Petitioner, Luv Agarwal, an adult, law-abiding citizen of India, residing at the
address mentioned above, most respectfully submits this petition under Article 226 of the
Constitution of India, praying for the issuance of a Writ of Habeas Corpus for the
production of Kushi Sharma (Respondent No. 4), who is believed to be unlawfully
 detained by Respondent Nos. 2 and 3, and for her subsequent release into a safe
environment.

2. The Petitioner and Respondent No. 4, Ms. Kushi Sharma, have been in a consensual live-
in relationship for the past three years, sharing a life based on mutual respect and
understanding. Both being adults, they decided to live together out of their own free will
and have been residing at the address mentioned above.
3. On March 15, 2024, the couple visited Respondent No. 4’s parental home at #23,
Rosewood Street, Jayanagar, Bengaluru, to celebrate the festival of Holi. It was during
this visit that the series of unfortunate events leading to this petition unfolded.

4. During the visit, after the initial festivities, a confrontation arose regarding the living
arrangements of the Petitioner and Respondent No. 4. Respondent Nos. 2 and 3 expressed
their disapproval and demanded that Kushi sever ties with the Petitioner and remain at
her parental home.

5. When Kushi and the Petitioner resisted, Respondent Nos. 2 and 3 forcibly confined Kushi
within their house, restricting her from leaving or communicating with the outside world,
including the Petitioner.

6. The Petitioner was forcibly removed from the premises by security personnel employed
by Respondent Nos. 2 and 3 and was threatened with dire consequences should he
attempt to make contact with Kushi. Since March 15, 2024, the Petitioner has attempted
several times to contact Kushi through phone calls, messages, and even through friends,
but all efforts have been in vain.

7. Concerned for Kushi’s well-being, the Petitioner approached the local police station to
file a complaint but was advised to seek legal recourse due to the nature of the family
dynamics involved. The Petitioner believes that Kushi is being held against her will,
which constitutes an illegal detention violating her fundamental rights, particularly the
right to liberty and freedom of movement as guaranteed under Article 21 of the
Constitution of India.
 8. Kushi Sharma is an adult capable of making her own decisions, and no one, including her
parents, has the right to detain her unlawfully. The Petitioner fears for Kushi’s physical
and psychological well-being and suspects that her freedoms are being curtailed under
duress.

Prayer:
a. That this Honorable Court issue a Writ of Habeas Corpus directing Respondent Nos. 2 and 3
to forthwith produce Kushi Sharma before the Court.
b. That upon her production, Kushi Sharma be examined by the Court in a manner deemed fit to
ascertain her wishes and condition.
c. That the Court orders the immediate release of Kushi Sharma from the unlawful detention by
Respondent Nos. 2 and 3, ensuring her safety and freedom.
d. That the Court grants such other relief or remedies as it deems fit and proper in the interest of
justice and the safeguarding of Kushi Sharma’s liberties.

The Petitioner certifies that the facts and circumstances stated above are true and correct to his
knowledge and belief. No part of it is false, and nothing material has been concealed therefrom.

Place: Bengaluru
Date: 25.04.2024

Petitioner through Counsel

VERIFICATION

I, Luv Agarwal, the petitioner herein, do hereby verify at Bengaluru, on this 25th day of March,
2024, that the contents of this petition are true to my personal knowledge, no part of it is false,
and nothing material has been concealed therein.

Petitioner through Counsel

 Before the Honorable Chief Metropolitan Magistrate, Bengaluru
Private Complaint Case No. ______ of 2024

Mr. Arjun Reddy,

S/o Mr. Vijay Kumar Reddy,
Aged about 34 years,
Residing at #67, Lotus Road, Indiranagar,
Bengaluru - 560038
...Complainant

Versus

1. Christy's Auction House,

Represented by its Manager,
Mr. Rohan Gupta,
#45, Church Street, MG Road Area,
Bengaluru - 560001 ...Accused No.1

2. Mr. Rohan Gupta,

Manager, Christy's Auction House,
#45, Church Street, MG Road Area,
Bengaluru - 560001 ...Accused No.2

PRIVATE COMPLAINT UNDER SECTION 190 READ WITH SECTION 200 OF THE
CODE OF CRIMINAL PROCEDURE, 1973 FOR THE OFFENSES PUNISHABLE
UNDER SECTIONS 420, 465, 467, 468 AND 471 OF THE INDIAN PENAL CODE, 1860

1. The complainant, Mr. Arjun Reddy, most respectfully submits this private complaint
against the accused for committing offences of cheating, forgery, and selling fake
artworks. The complainant is a resident of Bengaluru and an art enthusiast with a passion
for collecting rare and valuable paintings.
 2. The accused, Christy's Auction House, advertised an auction of rare paintings set to take
place on 15th January 2024 at their premises in Bengaluru, which was widely promoted
on various media platforms.

3. On 15th January 2024, the complainant attended the auction hosted by the accused and
purchased a painting titled "Sunset Serenity" purportedly by the renowned artist Ravi
Varma, for a sum of Rs. 10,00,000, believing it to be authentic as per the claims made by
the accused.

4. Subsequent to the purchase, the complainant had the painting evaluated by an expert,
who on 25th January 2024, confirmed that the painting was a counterfeit and not an
original Ravi Varma. The accused had advertised and represented the painting as an
original work of Ravi Varma, thereby inducing the complainant to part with a significant
sum of money under false pretenses.

5. The accused knowingly sold the fake painting to the complainant with the intention to
defraud and make unlawful gain. The complainant suffered financial loss and mental
agony due to the fraudulent actions of the accused.

6. The reputation of the complainant as an art collector has been tarnished due to the
possession of a counterfeit painting.

Prayer:
a. The complainant prays for the registration of the case against the accused under Sections 420
(Cheating), 465 (Forgery), 467 (Forgery of valuable security), 468 (Forgery for purpose of
cheating), and 471 (Using forged document) of the Indian Penal Code, 1860.

b. The complainant also seeks restitution and compensation for the financial loss and emotional
distress caused by the fraudulent actions of the accused.

Place: Bengaluru
Date: 25.04.2024

Complainant through Counsel

 VERIFICATION

I, Arjun Reddy, the complainant herein, do hereby declare and state that what is stated above are
true to my knowledge, no part of it is false, and nothing material has been concealed therefrom.
Verified at Bengaluru, on this the 25th day of March, 2024.

Complainant through Counsel

IN THE COURT OF ADDITIONAL DISTRICT AND SESSION JUDGE, BANGALORE

 Criminal Bail Application No. …… of 2024

IN THE MATTER OF:

Swarana D/o Anant Rao,

Aged about 27 years ...Applicant/Accused No. X

Versus

State of Karnataka ...Respondent

APPLICATION UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE

1973 FOR GRANT OF BAIL

Most Respectfully Showeth:

1. That the present application under section 439 of the Code of Criminal Procedure 1973 is
being filed by the Petitioner for seeking grant of bail in FIR No. 420 registered at Police
Station, Bangalore under Sections 21, 29, 61, and 85 of the Narcotic Drugs and
Psychotropic Substances Act, 1985. The arrest was made following a raid where the
applicant was allegedly found in possession of a substance later identified as morphine
weighing 340 grams. The present petition is being moved as the Petitioner has been
arrested on 23.03.2024 in connection with the said FIR. The petitioner is now in
judicial/police custody.
2. That the Petitioner is innocent and is being falsely implicated in the above said case as he
has nothing to do with the matter.
3. That the Petitioner is a law abiding citizen of India. The petitioner is gainfully carrying
on the business of the paper mill at Halasuru.
4. That the Petitioner is a responsible person and is living at the above mentioned address.
5. On the date of the incident, 23.10.2023, Swarana was attending a charity event organized
at a local sports club. Unbeknownst to her, other individuals at the event were under
surveillance for suspected drug-related activities. During the raid conducted by the
police, several bags were confiscated, including Swarana’s, which was later alleged to
contain morphine. Swarana contends that her bag was mistakenly or maliciously swapped
during the event, as she had no knowledge or possession of such substances.
6. The petitioner has provided statements from several witnesses present at the event,
corroborating her presence and behavior inconsistent with drug dealings. Swarana has
cooperated fully with law enforcement from the moment of her arrest, providing all
requested information and complying with all procedural requirements.
 7. There is no direct evidence linking Swarana to the possession, purchase, sale, or
transportation of the morphine found. No forensic evidence such as fingerprints or DNA
has been presented that connects Swarana to the contraband.
8. The petitioner has provided substantial proof, including time-stamped photographs and
testimonies, that she was engaged in lawful activities at the time of the alleged drug
transaction.
9. That the Petitioner is innocent and no useful purpose would be served by keeping him
under custody and this is a fit case for grant of bail. (It would be pertinent to mention as
to the stage of investigation or in case the charge sheet has been filed, whether charges
have been imposed, evidence has started, the length of the list of witnesses cited by the
prosecution etc. as these would all be mitigating circumstances).
10. That the Petitioner undertakes to abide by the conditions that this Honorable Court may
impose at the time of granting bail to the Petitioner and further undertakes to attend the
trial on every date of hearing.
11. That the Petitioner has not filed any other similar petition before this or any other
Honorable Court for grant of bail in case of the present FIR.

PRAYER:

In view of the above stated facts and circumstances it is most respectfully prayed that this
Honorable Court may be pleased to

a. Grant bail to the Petitioner in connection with FIR No. 420 registered under Sections 21,
29, 61, and 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police
Station, Bangalore.
b. Pass any other such order as this Honorable Court may deem fit and proper in the interest
of justice.

Petitioner Through Counsel

Place: Bangalore Dated: 25.04.2024