IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR.JUSTICE K.N.PHANEENDRA AND THE HON’BLE MR.JUSTICE B.A. PATIL WPHC NO.1/2019 BETWEEN:
Smt. Rajeevi W/o Umesh Acharya Aged about 50 years R/at C-45/1, 60 Feet Road Opp: Madrasa, Nehru Nagar Chikkamagaluru-577 101.
… Petitioner (By Sri.Hanumanthappa B. Haravi Gowdar, Advocate) AND:
1. The Home Secretary Government of Karnataka Vidhana Soudha Bengaluru-560 001.
2. The Director General of Police & Inspector General of Police Nrupathunga Road Bengaluru-560 001.
3. The Superintendent of Police Chikkamagaluru District Chikkamagaluru-577 101.
4. The Superintendent of Police Mangaluru District Mangaluru.
5. The Police Inspector Surathkal Mangaluru District.
(By Sri. E.S. Indiresh, AGA) …Respondents 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 directing the 5th respondent to produce the physical body of the petitioner’s son by name Kishor U. S/o Umesh Achary with immediate effect and etc.
This WPHC 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 Additional Government Advocate.
The learned Additional Government Advocate submitted the affidavit of Smt.Sundari W/o B.K.Krishna, working as Police Sub-Inspector, Surathkal Police Station, Mangaluru District. It is stated in the affidavit that the Detenue was issued with the notice and he was secured and thereafter some recovery from him, he has been already released by the police. There is absolutely no illegal detention of the petitioner’s son. Even the petitioner’s counsel also did not make such allegation.
Under the above circumstances, the affidavit filed by Smt. Sundari is hereby accepted and petition does not survive for consideration on merits. Hence, the same is hereby dismissed.
Sd/- JUDGE Sd/- JUDGE *AP/-