IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 PRESENT THE HON’BLE MR. JUSTICE K.N. PHANEENDRA AND THE HON’BLE Dr. JUSTICE H.B. PRABHAKARA SASTRY WPHC NO.38/2019 BETWEEN:
1. SMT. MALAR W/O SRI. ELANGOVAN AGED ABOUT 42 YEARS 2. SRI. ELANGOVAN S/O LATE GANESHAN AGED ABOUT 51 YEARS BOTH ARE R/AT NO.13 1ST MAIN ROAD, MUDDAMMA GARDEN EXTENSION, BENSON TOWN BENGALURU – 560 046 … PETITIONERS (BY SRI. R. MAHESH, ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU – 560 001 REP. BY ITS SECRETARY 2. THE COMMISSIONER OF POLICE BENGALURU CITY INFANTRY ROAD BENGALURU – 560 001 3. THE INSPECTOR OF POLICE J. C. NAGAR POLICE STATION J. C. NAGAR SUB-DIVISION BENGALURU – 560 046 … RESPONDENTS (BY SRI.SANDESH J. CHOUTA, ADDL.AG ALONG WITH SRI. S.V.GIRI KUMAR, HCGP) THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF HABEAS CORPUS DIRECTING RESPONDENT NOS.2 AND 3 TO PRODUCE MISS. YAMUNA DAUGHTER OF THE PETITIONERS, WHO HAS BEEN MISSING FROM 21.01.2019 ETC.
THIS WPHC COMING ON FOR ORDERS THIS DAY, K.N. PHANEENDRA, J., MADE THE FOLLOWING:
ORDER Petitioners and their counsel present.
2. The alleged detenue, the daughter of petitioners by name Smt.Yamuna is produced before the Court by Woman Police Constable–Smt.Sumitra N (WPC 15624) of J.C.Nagar Police Station.
3. On enquiry, the alleged detenue submits before the Court that presently she has been residing along with her husband by name Prashanth (who is also present before the Court) and they are happily living together at Chennai. She further submits that she voluntarily left the house of the petitioners on 21.01.2019 and since then she has been residing with her husband after her marriage with him at Chennai. She also further submits that on her own volition without any force or pressure or coercion by anybody, she has been staying with her husband. There is no illegal or unlawful detention in this regard by anybody.
4. On perusal of the petition, it is specifically stated at paragraph No.3 that the date of birth of the alleged detenu is 24.07.1999. Therefore, she has already attained the age of majority.
5. In view of the above said facts and circumstances, when there is no illegal or unlawful detention is established, the proceedings in this Habeas Corpus petition does not survive for consideration. Hence, the petition is devoid of merits and the same is liable to be dismissed. Accordingly, petition is dismissed.
6. The concerned Police is hereby directed to release the detenue and she is at liberty to go along with her husband.
Sd/- JUDGE Sd/- JUDGE cp*