Synopsis

The detenue, aged 19 years, was detained under the Karnataka Prevention of Dangerous Activities Act, 1985. The detention order relied on several criminal cases, some of which were committed when the detenue was below 18 years (juvenile). The High Court quashed the detention order, holding that under Section 24 of the Juvenile Justice Act, 2015, a child (below 18) who commits an offence shall not suffer any disqualification on account of such commission. Taking those juvenile offences into consideration for arriving at the subjective satisfaction for preventive detention vitiates the detention order. Only if the juvenile was tried as an adult for a heinous offence under Section 19 of the JJ Act can the records be retained. The court ordered immediate release.

Court: High Court of Karnataka at Bengaluru

Coram: Hon’ble Mrs. Justice Anu Sivaraman and Hon’ble Ms. Justice Tara Vitasta Ganju (Division Bench)

Date of Judgment: 29th April 2026

Citation: Writ Petition Habeas Corpus No.35 of 2026 (NC:2026:KHC:23865-DB)

Core Law: Juvenile Justice (Care and Protection of Children) Act, 2015 – Sections 2(12), 24; Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video or Audio Pirates Act, 1985 – Preventive detention.

1.  Heading of the judgment

High court of karnataka at bengaluru

Writ petition habeas corpus no.35 of 2026

Smt. marryusha (petitioner) vs. State of karnataka & ors. (respondents)

Coram: hon’ble mrs. justice anu sivaraman and hon’ble ms. justice tara vitasta ganju (division bench)

Date: 29th april, 2026

2. Legal framework

Major laws and provisions involved:

• Juvenile justice (care and protection of children) act, 2015 – section 2(12) (definition of “child” as person below 18 years), section 24

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