IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 2ND DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR.JUSTICE K. N. PHANEENDRA AND THE HON’BLE MR.JUSTICE B. A. PATIL WPHC No. 77/2018 BETWEEN RAM MANOHAR SHETTY AGED ABOUT 54 YEARS S/O THIMMAPPA SHETTY ISHAN, CHARU KOTTIGE HOSAMATA POST, KORGI GRAMA KUNDAPURA TALUK UDUPI DISTRICT – 576 231 ... PETITIONER (BY SRI. H. PAVANACHANDRA SHETTY, ADV.) AND 1. THE STATE OF KARNATAKA HOME DEPARTMENT VIDHANA SOUDHA BENGALURU – 560 001 REP. BY ITS SECRETARY 2. THE STATION HOUSE OFFICER KUNDAPURA POLICE STATION KUNDAPURA TALUK UDUPI DISTRICT – 576 201 3. THE COMMISSIONER OF POLICE INFANTRY ROAD BENGALURU – 560 001 4. SUPERINTENDENT OF POLICE UDUPI DISTRICT, UDUPI 5. INSPECTOR GENERAL OF POLICE WESTERN RANGE, MANGALURU … RESPONDENTS (BY SRI. SANDESH J. CHOUTA, ADDL. ADV. GENERAL & SRI. E. S. INDIRESH, ADDL. GOVT. ADV.) THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF HABEAS CORPUS OR ANY OTHER WRIT OR ORDER, DIRECTING THE RESPONDENTS TO PRODUCE THE BODY OF THE PETITIONER’S MOTHER-IN-LAW BY NAME SMT. MALATHI B. SHETTY BEFORE THIS HON’BLE COURT.
THIS WPHC COMING ON FOR ORDERS THIS DAY, K.N.PHANEENDRA J., MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and as well as the learned High Court Government Advocate.
2. Learned High Court Government Advocate has filed a detailed report by way of consolidated affidavit narrating the status of the case etc.. It is specifically stated in the said status report that, the Police have registered a case in FIR No.83/2018 in Kundapura Rural Police Station and the said Police have began investigation on the basis of the said FIR.
3. In view of the above said submission, in our opinion, this Habeas Corpus Petition does not survive for consideration, as the Police after investigation in the said case, have to file an appropriate report before the competent court. In the event of the Police filing any charge sheet in the said case, the complainant can proceed with the matter or in the event of the Police filing any ‘B’ or ‘C’ report, then also the complainant will get an opportunity to challenge the same before the competent court.
4. In the above facts and circumstances of the case, this petition does not survive for consideration on merits. Hence, the petition is dismissed as having become infructuous, granting liberty to the petitioner to approach the competent court in accordance with law, in future, if advised.
Sd/- JUDGE Sd/- JUDGE KGR*