IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 11TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION (HC) NO.143 OF 2019 BETWEEN:
SMT.DHALLI @ LEELA, AGED ABOUT 42 YEARS, WIFE OF GANESH BHODA, RESIDING AT CELLAR FLOOR ACCOMMODATION, NO.138, 2ND MAIN, 5TH BLOCK, HBR LAYOUT, BENGALURU – 560 043.
... PETITIONER (BY SRI PURUSHOTHAM G., ADVOCATE FOR SRI MOHAMMED USMAN SHAIKH, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY HOME SECRETARY, OFFICE OF THE HOME SECRETARY, VIDHANA SOUDHA, BENGALURU – 560 001.
2. COMMISSIONER OF POLICE OFFICE OF THE COMMISSIONER OF POLICE NO.1, INFANTRY ROAD, BENGALURU – 560 001.
3. DEPUTY COMMISSIONER OF POLICE(CRIME) OFFICE OF DEPUTY COMMISSIONER OF POLICE CCB, N.T.PET, BENGALURU.
4. INSPECTOR OF POLICE MAGADI ROAD POLICE STATION MAGADI ROAD, OPPOSITE PRASANNA THEATRE BENGALURU – 560 023.
5. INSPECTOR OF POLICE K.G.HALLI POLICE STATION, 2ND CROSS ROAD, K.G.HALLI, BENGALURU – 560 045.
... RESPONDENTS (BY SRI S.V.GIRIKUMAR, ADDITIONAL GOVERNMENT ADVOCATE) THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS DIRECTING THE RESPONDENT POLICE TO PRODUCE THE HUSBAND OF THE PETITIONER - MR.GANESH @ UANESH, SON OF VEERJITH (BEERJITH), AGED ABOUT 53 YEARS AND SON MR.BHUVAN, SON OF MR.GANESH @ UANESH, AGED ABOUT 19 YEARS, RESIDENTS OF CELLAR FLOOR ACCOMMODATION, NO.138, 2ND MAIN, 5TH BLOCK, HBR LAYOUT, BENGALURRU – 560 043, BEFORE THIS HON’BLE COURT.
THIS WPHC COMING ON FOR ORDERS, THIS DAY, RAVI MALIMATH J., MADE THE FOLLOWING:
ORDER This petition is filed seeking for a writ of Habeas Corpus directing the respondents to search the whereabouts of Mr. Ganesh @ Uanesh and Mr. Bhuvan and produce them before the Court. The petitioner is the wife of Mr. Ganesh @ Uanesh and mother of Mr. Bhuvan.
2. Since the petitioner’s husband and son are missing, she has filed the instant petition requesting to produce her husband and son, Mr. Ganesh @ Uanesh and Mr. Bhuvan respectively.
3. The learned Additional Government Advocate has filed the status report by way of affidavit in the Court today enclosing Anneuxres R1 to R4. Annexure R2 is FIR on the basis of which, the detenu – Mr. Ganesh @ Uanesh has been arrested in connection with the crime No.175 of 2019 before the Magadi Road Police Station and all the Annexures relates to the said crime No.175 of 2019. It is seen that the detenu is in lawful custody and in the manner known to law. It is not an illegal detention, but it is authorized by law.
4. So far as the son is concerned, it is narrated that he has not been arrested but only the father – Mr.
Ganesh @ Uanesh is detained in lawful custody as stated hereinabove. Hence, the petition is dismissed.
Sd/- JUDGE Sd/- JUDGE nvj