IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MAY 2019 PRESENT THE HON’BLE MR. JUSTICE N. K. SUDHINDRARAO AND THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD W.P.H.C.No.54/2019 BETWEEN:
SMT. NANJAMMA, W/O RAMACHANDRA, AGED ABOUT 55 YEARS, RESIDING AT ANEMALA VILLAGE, ANTHARASANTHE HOBLI, H.D.KOTE TALUK, MYSORE DISTRICT-571114.
... PETITIONER (BY SRI SOMANNA B.A., ADVOCATE) AND:
1. THE SUPERINTENDENT OF POLICE, MYSORE DISTRICT, MYSORE-560 004.
2. STATE OF KARNATAKA, HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560 001.
3. THE STATION HOUSE OFFICER, BEECHANAHALLI POLICE STATION, BEECHANAHALLI, H.D.KOTE TALUK, MYSORE-571 116.
... RESPONDENTS (BY SRI S.V. GIRIKUMAR, AGA) THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE ORDERS, DIRECTIONS OR WRIT IN HABEAS CORPUS NATURE DIRECTING THE RESPONDENTS TO PRODUCE SRI SANTHOSA BEFORE THIS HON'BLE COURT.
THIS WPHC COMING ON FOR ORDERS THIS DAY, N. K. SUDHINDRARAO J, MADE THE FOLLOWING:
O R D E R Under this petition, the petitioner seeks issuance of appropriate orders, directions or writ in the nature of habeas corpus directing the respondents to produce Sri Santhosa, son of the petitioner.
2. The petitioner is residing with her husband and her son aged 36 years, namely Santhosa. Her son left the house on 12.1.2019 to Kerala in a car bearing registration No.KL-72-A-6763. However, he had not returned home. The petitioner and her husband searched for him and could not find him and the petitioner lodged a complaint on 27.2.2019. On the same day, the respondent No.3 registered FIR in Crime No.16/2019 and issued look out notice for the son of the petitioner. The custody of the son of the petitioner is not stated in the petition.
3. The learned counsel for the petitioner submits that basis for filing the present writ petition is that the respondent No.3 has registered FIR in Crime No.16/2019.
4. The learned Additional Government Advocate appearing for the respondents submits that he has secured the details regarding registration of criminal case in NDPS Cr.No.7/2019 by Kerala State Excise Department for the offences punishable under Section 8(c), 20(b) ii (C) & 43(a) of NDPS Act, 1985. The case is registered against the person whose name is not known. However, the seized vehicle is shown as Maruti Swift Dzire car bearing registration No.KL-72-A-6763, which is the same car as stated by the petitioner.
5. In view of registration of criminal case against the son of the petitioner being disclosed, direct or apprehended custody is not stated in the petition as the name is shown as ‘not known’ in NDPS Cr.No.7/2019 as stated above. Considering the registration number of the vehicle, we find that it is in respect of the son of the petitioner. Moreover, the same is not disputed.
6. In the circumstances, the very ingredients required for establishing the case for granting the relief under the petition are not seen. We do no find merit in entertaining the petition. Accordingly, petition is disposed off.
SD/- JUDGE SD/- JUDGE MD