IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR.JUSTICE K. N. PHANEENDRA AND THE HON’BLE MR.JUSTICE K. NATARAJAN WPHC No. 16/2019 BETWEEN:
SMT S MANJULA, W/O G PRASAD D/O SHANKARAPPA AGED ABOUT 32 YEARS R/AT BAGUR VILLAGE N MATHIGHATTA POST NITTUR HOBLI, GUBBI TALUK TUMAKURU DISTRICT PIN CODE-572223 ... PETITIONER (BY SRI B. H. DAYANANDA., ADV) AND:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, VIDHANA SOUDHA BENGALURU-560 001 2. THE COMMISSIONER OF POLICE INFANTRY ROAD BENGALURU -560 001 3. THE INSPECTOR OF POLICE KENGERI POLICE STATION KENGERI, BENGALURU- 560 060 4. SRI GANGANNA S/O LATE LINGAPPA AGED ABOUT 62 YEARS RETIRED BWSSB EMPLOYEE R/AT NO.8, KRISHNAPPA GARDEN KENGERI UPA NAGARA BENGALURU -560 060 MOB:9611058239 5. SMT GANGAMMA W/O SRI GANGANNA AGED ABOUT 57 YEARS R/AT NO.8, KRISHNAPPA GARDEN KENGERI UPA NAGARA BENGALURU -560 060 6. SMT G NEELAMMA W/O RENUKAMURTHY D/O SRI GANGANNA AGED ABOUT 42 YEARS R/AT NO.8, KRISHNAPPA GARDEN KENGERI UPA NAGARA BENGALURU -560 060 MOB:9686831394 ... RESPONDENTS (BY SRI SANDESH J. CHOUTA., ADDL ADV. GENERAL A/W SRI S. V. GIRI KUMAR., AGA THIS WPHC IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE OF WRIT OF HABEAS CORPUS OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION DIRECTING THE RESPONDENT - POLICE TO PRODUCE THE HUSBAND OF THE PETITIONER - SRI. G. PRASAD S/O SRI. GANGANNA, AGED ABOUT 40 YEARS, R/AT NO.8, KRISHNAPPA GARDEN, KENGERI UPA NAGARA, BANGALORE-560060 WHO IS IN ILLEGAL DETENTION OF RESPONDENT NO.4 TO 6, BEFORE THIS HON'BLE COURT FORTH WITH.
THIS WPHC COMING ON FOR ORDERS THIS DAY, K.N.PHANEENDRA J., MADE THE FOLLOWING:
ORDER The petitioner is present before the Court. Respondent Nos. 4, 5 & 6 are also present before the court at the instance of Police Personnel of concerned Police Station, by name Sri. Mahadevaiah, PSI and Sri. Govindaiah, the Head Constable-7700 of Kengeri Police Station, Bengaluru,.
2. On enquiry, the respondent-Police and as well as Respondent Nos. 4 to 6 have submitted that, Sri. G. Prasad, the husband of the petitioner is not in unlawful or illegal custody of them and they also do not know the whereabouts of their son- Sri. G. Prasad.
3. We have heard the arguments of the learned counsel for the petitioner and the learned Addl. Advocate General appearing for the Respondent-State and we have carefully perused the petition.
4. The petitioner has filed this petition on the allegation that, her husband Sri. G. Prasad, who is no other than the son of Respondent Nos. 4 & 5, had been taken away by Respondent Nos. 4 to 6 and they have been keeping him in their unlawful and illegal custody with an intention to separate the husband and wife.
5. Learned Addl. Advocate General submits that, the whereabouts of the said person is not known. However, the concerned Police and as well as Respondent Nos. 4 to 6 have made it clear that, Sri. Prasad G. is not in illegal or unlawful custody of Respondent Nos. 4 to 6 and even they also do not know the whereabouts of the said person.
6. In the above circumstances, this petition does not survive for consideration on merits and hence, the same is liable to be dismissed. Accordingly, this petition is dismissed. However, the petitioner is at liberty to lodge a missing complaint with reference to her husband Sri. G.Prasad and in that eventuality, the Police shall do their best to find the whereabouts of the said person. The petitioner is also at liberty to move this court, if necessary, in future.
Sd/- JUDGE KGR* Sd/- JUDGE