IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16th DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR.JUSTICE K.N.PHANEENDRA AND THE HON’BLE MR.JUSTICE B.A.PATIL WPHC NO.14/2019 BETWEEN:
M. Jayamma W/o B.A. Pillappa Aged about 47 years Residing at No.120 Gowradhana Nilya Bomanahalli, Bovi Colony Bengaluru-560 068.
(By Sri. C.N. Raju, Advocate) AND:
1. Station House Officer Nandini Layout Police Bengaluru-560 086.
2. The Commissioner of Police Infantry Road Bengaluru-560 009.
3. Government of Karnataka by Principal Secretary Home Department … Petitioner Vidhana Soudha Bengaluru-560 001. … Respondents (By Sri. Sandesh J. Chouta, Addl. Advocate General a/w Sri S.V. Girikumar, AGA) This WPHC is filed under Articles 226 and 227 of the Constitution of India praying to issue a writ of habeas corpus for production of the body of the detenue persons 1.Smt.P.Divya w/o G.Nagaraja, aged about 30 years, residing at 61/A, 4th Cross, Narasimhalu Layout, Kanteerava Studio, Nandini Layout, Bengaluru and 2. B.A. Grumurthy S/o late Annayappa, Aged about 46 years, residing at No.120, gowradhana Nilaya Bomanahalli, Bovi colony Bengaluru-560068.
This WPHC coming on for Orders this day, K.N.PHANEENDRA, J. made the following:-
O R D E R The learned Additional Advocate General submits before this Court that the first Detenue by name Smt.P.Divya was arrested by the police on 13.1.2019 in connection with Crime No.20/2019 for the offence under Section 420 of the Indian Penal Code and produced before the jurisdictional Magistrate on 14.1.2019 and remanded to police custody for ten days. He also submits that second Detenue by name Sri.B.A.Grumurthy was also arrested in the same case on 14.1.2019, produced on the same day and remanded to judicial custody.
2. In view of the said responsible submissions made by the learned Additional Advocate General, this WPHC does not survive for consideration.
3. Learned counsel for the petitioner has made certain allegations against the concerned Police Officer who have arrested the Detenues. However, that is nothing to do with this petition. Hence, the petitioner is at liberty to take appropriate action in accordance with law.
With this observation, the petition does not survive for consideration on merits and the same is dismissed.
Sd/- JUDGE Sd/- JUDGE *AP/-