IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 11TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA WP (HC).NO.157 OF 2017 BETWEEN:
MR.JAYENDHAR CHOUDHARY S/O HARIRAM, AGED ABOUT 24 YEARS, RESIDING AT KAVERI BANKERS, CHANDAPURA, BANALLI MAIN ROAD, ANEKAL TALUK, BENGALURU – 560 099. ... PETITIONER (BY SRI SUNIL KUMAR H., ADVOCATE) AND:
1. THE HOME SECRETARY DEPARTMENT OF HOME AFFAIRS, VIDHANA SOUDHA, BENGALURU – 560 001.
2. THE DIRECTOR GENERAL OF POLICE NRUPATUNGA ROAD, BENGALURU – 560 001.
3. INSPECTOR OF POLICE KAMAKSHIPALYA POLICE STATION, MAGADI MAIN ROAD, KAMAKSHIPALYA, BASAVESHWARA NAGAR, BENGALURU – 560 079. ... RESPONDENTS (BY SRI I.THRANATH POOJARY, AGA) THIS WP(HC) IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF HABEAS CORPUS DIRECTING THE 3RD RESPONDENT TO PRODUCE THE ILLEGAL DETENUE BY NAME MR.HARIRAM WHO IS ILLEGALLY DETAINED BY THE 3RD RESPONDENT BEFORE THIS COURT.
***** THIS WP(HC) COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., MADE THE FOLLOWING:
ORDER The petitioner’s counsel is absent.
2. The petitioner seeks for a writ of habeas corpus to direct the third respondent to produce his father.
3. A status report by way of an Affidavit is filed by the Police Sub-Inspector, Kamakshipalya Police Station, Bengaluru. It is narrated therein that the father of the petitioner has been arrested on 01.12.2017 in Crime No.482 of 2017 for the offences punishable under Sections – 379 and 420 of IPC.
4. In view of the Affidavit, it cannot be said that the petitioner’s father is in illegal detention. He is in detention in the manner known to law. Hence, the writ petition stands dismissed.
Sd/- Sd/-
JUDGE JUDGE JJ