IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 8TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE H. P. SANDESH WRIT PETITION HABEAS CORPUS NO. 77 OF 2019 BETWEEN:
SMT. GIRIJAMMA WIFE OF LATE LAKSHMI REDDY AGED ABOUT 43 YEARS RESIDING AT YELLODU VILLAGE GUDIBANDE TALUK CHIKKABALLAPUR KARNATAKA-561 209. ... PETITIONER (BY SRI. DHANANJAY KUMAR, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY SECRETARY OF HOME AFFAIRS VIDANASOUDHA BENGALURU-560 001.
2. SUPERINTENDENT OF POLICE BENGALURU RURAL DISTRICT KARNATAKA-560 002.
3. INSPECTOR OF POLICE CHENNARAYAPATNA POLICE STATION DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-560 052.
… RESPONDENTS (BY SRI. SANDESH J. CHOUTA, ADDITIONAL ADVOCATE GENERAL ALONG WITH 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 OR ANY OTHER WRIT OR ORDER DIRECTING THE RESPONDENT NO.3 TO PRODUCE THE DETENUE BEFORE THIS COURT AND SET HIM AT LIBERTY AND PASS SUCH OTHER ORDER DEEMS FIT TO THE FACTS AND CIRCUMSTANCES OF THE CASE.
THIS WPHC COMING ON FOR PRELIMINARY HEARING THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER This petition is filed by the petitioner seeking production of his son.
2. Sri Sandesh J. Chouta, Additional Advocate General, who accepts notice for the respondents has filed the status report. It is stated therein that there is no illegal detention of the detenue. That the detenue was involved in Crime No.43 of 2019 under Section 392 of Indian Penal Code and as such, he was arrested on 24.06.2019 at 6.15 p.m. and produced before the Judicial Magistrate First Class Court, Devenahalli on 25.06.2019 at about 5.00 p.m.
3. In view of the status report, it cannot be said that the accused is in illegal detention. He is in detention in accordance with law. Hence, the petition is dismissed.
Learned Additional Advocate General is granted four weeks’ time to file memo of appearance.
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JUDGE JUDGE ST