IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 23RD DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA WRIT PETITION (HABEAS CORPUS) NO.136 OF 2017 BETWEEN:
RAJESHWARI W/O SHYAM, AGED ABOUT 40 YEARS, R/AT NO.7806, RAMASWAMY LAYOUT, BASTHIPURA ROAD, BEHIND VENKATESHWARA SAWMILL, KOLLEGALA, CHAMARAJANAGARA-571440. ... PETITIONER (By Sri: KEMPARAJU, ADVOCATE) AND:
1. THE DEPUTY INSPECTOR GENERAL OF PRISONS CENTRAL PRISON, PARAPPANA AGRAHAR, ELECTRONIC CITY POST, BENGALURU-560100.
2. THE SECRETARY HOME DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560001. ... RESPONDENTS (By Sri: E.S.INDIRESH, AGA) THIS WRIT PETITION (HABEAS CORPUS) IS FILED UNDER ARTICLES 226 and 227 OF THE CONSTITUTION OF INDIA, IS FILED BY THE PETITIONER PRAYS THAT THE HON'BLE HIGH COURT BE PLEASED TO ISSUE A WRIT OF HABEAS CORPUS AND DIRECT THE RESPONDENT NO.1 CENTRAL PRISON TO PRODUCE THE PETITIONER HUSBAND BY NAME SHYAM A @ RAJU REDDY @ PRABHAKAR @ RAJA REDDY S/O MUNIYAPPA, BEFORE THIS HON'BLE COURT, AND PASS SUCH NECESSARY ORDER/S AS THIS HON'BLE COURT DEEMS FIT.
***** THIS WRIT PETITION (HABEAS CORPUS) COMING ON FOR PRELIMINARY HEARING THIS DAY, RAVI MALIMATH J., MADE THE FOLLOWING:
ORDER Sri. E.S. Indiresh, learned Additional Government Advocate accepts notice for the respondents.
2. The petitioner seeks for the release of her husband Sri. Shyam @ Raju Reddy @ Prabhakar, who is said to be in illegal custody. It is contended that even though the detenue-Shyam has been convicted and sentenced in various cases, he has completed the said tenure of sentence and inspite of the same, he is continued to remain in detention.
3. Learned Addl. Government Advocate who accepts notice for the respondents has filed the status report by way of an affidavit of the Chief Superintendent, Central Prison, Bengaluru. It is stated therein that six cases are narrated wherein the detenue has been convicted and sentenced and in some cases sentence for life was also imposed. That the detenue escaped from Kolar District Prison on 27.08.2007 and was thereafter re-arrested. Since the conduct of the detenue was not of good behaviour and in violation of the Prison Rules, the request of the petitioner for premature release of her husband- detenue was rejected.
4. In view of the facts narrated and the fact that the detenue is in custody in a manner known to law, we do not find any relief could be granted to the petitioner in this petition. The detenue would necessarily have to undergo the sentence imposed on him by the Courts of law.
The petition is accordingly rejected.
Learned Addl. Government Advocate to file memo of appearance within a period of four weeks.
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JUDGE JUDGE *mn/-