IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 28TH DAY OF JUNE, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA WP(HC)NO.84 OF 2017 BETWEEN:
SMT A SUGUNA W/O LATE SHANKAR AGED ABOUT 47 YEARS, R/A NO. 20, 7TH CROSS, 6TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010. ... PETITIONER (By Sri: NEHRU P, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS’ UNDER SECRETARY HOME DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU - 560 001.
2. THE STATION HOUSE OFFICER MAGADI ROAD POLICE STATION BENGALURU - 560 023.
3. THE JAIL SUPERINTENDENT CENTRAL JAIL PARAPPANA AGRAHARA BENGALURU. ... RESPONDENTS (By Sri: E.S.INDIRESH, AGA) THIS WPHC IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS, DIRECTING THE 3RD RESPONDENT TO SET A. KUMARA AT KOLLAPUR AT KULLA, THE DETENU AT LIBERTY AND GRANT SUCH OTHER RELIEF/S AS THIS HON'BLE COURT DEEMS FIT, BY CONSIDERING THE CIRCUMSTANCES OF THE CASE.
THIS WPHC COMING ON FOR PRELIMINARY HEARING THIS DAY, RAVI MALIMATH J., MADE THE FOLLOWING:
ORDER The petitioner seeks for a Writ of Habeas Corpus to direct the jail authorities to set at liberty A. Kumar @ Kollappura @ Kulla. It is her primary contention that the detenue has been enlarged on bail in Cr.No.56 of 2017 of Magadi Road police station in terms of the order dated 9.6.2017 passed by this Court in Crl.P.No.3389 of 2017.
2. The learned Addl. Government Advocate who accepts notice for the respondent has filed an affidavit of the Assistant Superintendent, Central Prison, Bengaluru. He states that notwithstanding Cr.No.56 of 2017 against the accused, the detenue was also an accused in Cr.No.273 of 2017 of Magadi Road police station for the offences punishable under sections 307, 323 r/w 149 Indian Penal Code. By the order dated 16.5.2017, the learned Magistrate had even extended the body warrant.
3. In view of the affidavit, we do not find that a Writ of Habeas Corpus could be issued. Since he is in custody in a manner known to law, he is not in illegal detention. Remedy of the petitioner lies elsewhere. Hence, the petition is dismissed.
The learned Addl. Government Advocate to file memo of appearance in four weeks.
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JUDGE JUDGE *mn/-