IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MAY, 2019 PRESENT THE HON’BLE MRS. JUSTICE S. SUJATHA AND THE HON’BLE MR. JUSTICE S.G. PANDIT W.P.H.C. No.59 OF 2019 BETWEEN:
Smt. Kausar Khanum W/o Asgar Shariff, Aged about 40 years, Occ: House Wife, R/at No.1269, Near Amar School, Ayodhadas Nagar, D.J. Halli, Bengaluru – 560 045. ... Petitioner (By Sri. Salman, Advocate for Sri. Anees Ali Khan & Associates) AND:
1. The State By its Secretary, Home Department, Vidhana Soudha, Bengaluru – 560 001.
2. The Police Inspector K.G. Halli Police Station, Bengaluru – 560 045. ... Respondents (By Sri. S.V. Girikumar, AGA) This WPHC is filed under Articles 226 and 227 of the Constitution of India, praying to issue a writ in the nature of habeas corpus or any other appropriate writ/s, order/s, direction/s and etc., This WPHC coming on for Orders this day, S. Sujatha J., passed the following:
ORDER This writ petition has been filed by the petitioner seeking for a writ of habeas corpus directing the respondent No.2 to set free the petitioner’s husband Asgar Sharieff and her brother in law Akbar Sharieff along with his two children Yaseen Sharieff and Mohsin Sharieff alleging illegal detention.
2. On service of notice, learned Additional Government Advocate has appeared on behalf of respondents and an affidavit sworn by Sri. Ananda K, Police Sub-Inspector, K.G. Halli Police Station, has been filed. It is stated that the police have arrested Akbar Sharieff on 12.05.2019 in connection with Crime No.167/2019 under Section 307 read with Section 34 of IPC and Sections 3 and 25 of Arms Act, 1959 and the said person was produced before the jurisdictional Magistrate on 13.05.2019 with a request of the remand. The Hon’ble Court ordered the accused to the judicial custody. Similarly, both the children of Akbar Sharieff i.e., Yaseen Sharieff and Moshin Sharieff were also arrested in Crime No.167/2019 and accordingly, the jurisdictional Magistrate has remanded them to the judicial custody. Further, Asgar Sharieff was arrested on 13.05.2019 in connection with Crime No.182/2019 under Sections 41(d), 102 of Cr.P.C. and 379 of IPC and on the same day, he was produced before the jurisdictional Magistrate and is also in the judicial custody in terms of the order passed by the jurisdictional Magistrate.
3. In view of the aforesaid affidavit filed by the jurisdictional Police Sub-Inspector, the prayer sought for, in the writ petition does not survive for consideration.
Accordingly, the writ petition stands dismissed.
Sd/- JUDGE Sd/- JUDGE MBM