IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2017 PRESENT THE HON’BLE MR.JUSTICE ASHOK B. HINCHIGERI AND THE HON’BLE MRS. JUSTICE K.S.MUDAGAL W.P.H.C NO.51 OF 2017 BETWEEN:
Humaira Begum, W/o Syed Arif, Aged about 45 years, #28, Ahmed Seth Road, Frazer Town, Bangalore-560 005. …Petitioner (By Sri Muzaffar Ahmed, Advocate) AND:
1. The State of Karnataka, By its Secretary, Home Department, Vidhana Soudha, Bangalore-560 001.
2. Commissioner of Police, Bangalore City, Infantry Road, Bangalore-560 001.
3. The Station House Officer, Pulakeshi Nagar Police Station, Bangalore-560 005.
4. Mohammed Yousuf, S/o Not known to petitioner, Aged about 46 years, R/o. Muzammil residency, Near HKBK Engineering College, Muzammil Nagar, Muzammil Road, Ac Post, Bangalore-560 045. …Respondents (By Sri I.Tharanath Poojary, AGA for R1 to R3) This WPHC is filed Under Articles 226 and 227 of the Constitution of India, is filed by the petitioner prays that the Hon’ble High Court be please to, (A) A Writ in the nature of Habeas Corpus or any other appropriate writ/s, Order/s, Direction/s; (B) Direct the respondents No.3 to secure son of petitioner from the illegal custody of respondent No.4 and rescue her son from the clutches of the respondent No.4.(C) Direct the third respondent to initiate legal action against the fourth respondent for keeping the illegal custody of petitioner’s son.
This WPHC coming on for orders this day, K.S.MUDAGAL J., made the following:
ORDER The respondent No.3 produces Syed Asim, S/o. Syed Arif, the alleged detenue.
2. Syed Asim submits that he is 23 years old and he left his home to marry Suneha, who is also present along with him before the Court. It is submitted that Suneha is the daughter of 4th respondent and is major.
3. The petitioning mother is also present. Syed Asim submits that he is willing to join his parental family provided they accept himself and Suneha both. Petitioner agrees for the same.
4. We are satisfied that Syed Asim was not in illegal detention of the 4th respondent as alleged. Therefore, the petition is disposed of accordingly.
Sd/- JUDGE Sd/- JUDGE .
tsn*