IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2019 PRESENT :
THE HON’BLE MR.JUSTICE K.N. PHANEENDRA AND THE HON’BLE DR.JUSTICE H.B. PRABHAKARA SASTRY WRIT PETITION (HABEAS CORPUS) No.34/2019 BETWEEN:
1. Sri. Basavaraju S/o Muniyappa, Aged about 46 years, Residing at No.8, 1st Main Road, Valmikinagara, Andrahalli, Bengaluru-560 091.
2. Smt. Mangala W/o Basavaraju, Aged about 45 years, Residing at No.18, 1st Main Road, Valmikinagara, Andrahalli, Bengaluru-560 091. …Petitioners (By Sri. K.V. Mani., Advocate) AND:
1. The State of Karnataka, Department of Home, Represented by its Secretary, Vidhana Soudha, Bengaluru-01.
2. The Superintendent of Police, Ramanagara District, Ramanagara-560 091.
3. The Inspector of Police, Byadarahalli Police Station, Ramanagara District, Ramanagara-560 091.
4. The Additional Director General of Police, Grievances and Human Rights, Bengaluru-560 001. …Respondents (By Sri. Sandesh J. Chouta, Addl. Advocate General a/w Sri. S.V. Giri Kumar, High Court Government Pleader) 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 directing the respondents to secure the petitioners daughter Kumari Gagana and cause production of her before this Hon’ble High Court and handing over her to the petitioners custody who are her parents.
This petition coming on for Orders, this day, K.N. PHANEENDRA, J., ordered the following:
O R D E R The detenue by name ‘Gagana’ is produced before the Court by Sri. Manjunath T.H., Police Sub-Inspector, Byadarahalli Police Station.
2. The petitioners are also present before the Court.
3. The alleged detenue, Smt. Gagana W/o Purushotham is present before the Court along with her husband and mother-in-law. Smt. Gagana submits before the Court that she is a major and she has voluntarily married Purushotham, who is present before the Court and presently she is happily living with her husband in Magadi Town. She further submits that, as she is a major she has got every right to choose her husband and accordingly, she submits that she is married to Purushotham and she is living with him with all happiness.
4. In view of the said submission made by the detenue and her family members i.e., husband and mother-in-law, she cannot be said to be in unlawful or illegal custody of anybody. Hence, this petition for Habeas Corpus does not survive any more for consideration. Therefore, Smt. Gagana is set at liberty.
The Police is hereby directed to release her and she is at liberty to go along with her husband and mother-in-law.
In the above said circumstance, the petition is devoid of merits and the same is liable to be dismissed. Accordingly, the petition is dismissed.
Sd/- JUDGE Sd/- JUDGE Bmc