IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 12TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA WP (HC).NO.159 OF 2017 BETWEEN:
SMT.GANGAMMA W/O NARAYANASWAMY, AGED ABOUT 34 YEARS, RESIDING AT BASAVANAPURA VILLAGE, JALAGE POST, DEVANAHALLI TALUK – 562 110 BENGALURU RURAL DISTRICT. ... PETITIONER (BY SRI SHANKAR G., ADVOCATE) AND:
1. STATE OF KARNATAKA DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU – 560 001.
2. THE COMMISSIONER OF POLICE INFANTRY ROAD, BENGALURU – 560 001.
3. STATE BY BAGALUR POLICE STATION RAJATHPALYA, BAGALUR, BENGALURU – 562 149. ... RESPONDENTS (BY SRI I.THARANATH POOJARY, AGA) THIS WP(HC) IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF HABEAS CORPUS, OR ANY OTHER WRIT, ORDER OR DIRECTION, DIRECTING THE THIRD RESPONDENT POLICE TO KEEP MR.NARAYANASWAMY PHYSICALLY, PRESENT BEFORE THIS COURT, DISCLOSE THE REASON AS TO WHY HE WAS ARRESTED, PROVIDE NECESSARY MEDICAL AID, PASS ANY OTHER ORDER AS THIS COURT DEEMS FIT IN THE FACT AND CIRCUMSTANCES OF THE CASE.
***** THIS WP(HC) COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., MADE THE FOLLOWING:
ORDER The petitioner seeks for a writ of habeas corpus for production of her husband.
2. The learned Government Advocate who accepts notice for the respondents, has filed a counter affidavit of the Inspector of Police, Sampigehalli Police Station, Bengaluru. It is narrated therein that the Detenue was arrested in connection with Crime No.227 of 2017, for the offence punishable under Section – 41-D and 102 of Cr.P.C., on 05.12.2017 and is produced before the Jurisdictional Magistrate on 05.12.2017. Consequently, the petitioner has filed a memo seeking to withdraw the petition.
3. Hence, the memo is accepted. The petition is dismissed as withdrawn.
4. The learned Government Advocate is permitted to file his memo of appearance within four weeks.
SD/- SD/-
JUDGE JUDGE JJ