IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR.JUSTICE K.N.PHANEENDRA AND THE HON’BLE MR. JUSTICE B.A. PATIL WPHC NO.2/2019 BETWEEN:
Ibrahim Idma S/o Abdul Khader Idma Aged about 37 years R/at No.3/80, Idma House Ullaibettu Village and Post Mangalore-574 145.
(By Sri Muzaffar Ahmed, Advocate) AND:
1. The State of Karnataka through the Principal Secretary Department of Home Affairs Government of Karnataka Vidhana Soudha Bangalore, Karnataka.
2. The Superintendent of Police Davanagere Karnataka State 3. The Superintendent of Police Shivamogga Karnataka State … Petitioner 4. The Inspector of Police Hosanagara Police Station Shivamogga (By Sri E.S. Indiresh, AGA) … Respondents This WPHC is filed under Articles 226 and 227 of the Constitution of India praying to A) A writ in the nature of Habeas Corpus or any other appropriate writ/s, order/s, direction/s B) Directing the respondents to secure cousin brother of petitioner from the illegal detention. C) Grant such other relief/s as this Hon’ble Court deems fit in the circumstances of the case.
This WPHC coming on for Preliminary Hearing this day, K.N.Phaneendra J. made the following:-
ORDER The learned Additional Government Advocate files an affidavit of Sri.Ashwin Kumar S/o Chandrashekara, Police Sub-Inspector, attached to Hosanagara Police Station, stating that the Detenue Mr.Habeebullah @ Habeeburrahman was arrested on 2.1.2019 at Karkala, pursuant to the warrant issued by the JMFC, Hosanagara in Crime No.271/2015, for the offence punishable under Section 379 of IPC. The said Detenue is accused in Crime No.111/2009 also and he was produced before the JMFC, Hosanagara on 2.1.2019 and the Court has remanded the accused for police custody.
2. In view of the above said affidavit filed by the concerned Police Officer, this Habeas Corpus Petition does not survive for consideration. Liberty is open to the Detenue to approach the competent Court for appropriate remedies.
With these observations, this petition stands dismissed.
Sd/- JUDGE Sd/- JUDGE *AP/-