IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF APRIL, 2019 PRESENT :
THE HON’BLE MR.JUSTICE K.N.PHANEENDRA AND THE HON’BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY WRIT PETITION (HC) No.40 OF 2019 BETWEEN:
Smt. Nitya W/o. Vijaya Kumar, Aged 24 years, Homemaker, R/at No.25, 1st Main, 4th Cross, Manjunathnagara, Ittamadu, G.S.K. 3rd Stage, Bengaluru-560085. …Petitioner (By Sri. Mounith A.R. for Sri. Sameer S.N., Advocate) AND:
1. State of Karnataka Rep. by Channamanakere Achukattu P.S. Rep. by State Public Prosecutor, High Court of Karnataka, Bengaluru-560001.
2. State of Karnataka Department of Home, Rep. by its Secretary Bengaluru-560001. …Respondents (By Sri. Sandesh J. Chouta, Addl. Advocate General a/w Sri. S.V.Giri Kumar, HCGP) This Writ Petition (Habeas Corpus) is filed under Articles 226 and 227 of the Constitution of India praying to issue a writ in the nature of Habeas Corpus to the respondent police to secure the presence of the petitioner’s husband Vijaykumar.
This Writ Petition (Habeas Corpus), coming on for Preliminary Hearing this day, K.N. PHANEENDRA, J., made the following:
ORDER Heard the learned counsel for the petitioner and the learned Addl.Government Advocate for respondents.
2. After careful perusal of the petition, there is absolutely no mention in the petition that at least the petitioner apprehends any unlawful or illegal custody of the alleged detenue i.e., the husband of the petitioner. It is only the case of the petitioner that, he has an affair with some lady and he has gone with some lady. Except those words, nothing is available in the petition in order to attract the provisions under Article 226 of the Constitution of India for the purpose of entertaining the petition under the guise of Habeas Corpus.
3. Under the above said circumstances, petitioner is at liberty to file appropriate petition if need arises in future after ascertaining the whereabouts of her husband.
With these observations, the Petition stands dismissed.
Sd/- JUDGE Sd/- JUDGE bk/-