IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 23RD DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE H.P.SANDESH WRIT PETITION (HC) NO.66 OF 2019 BETWEEN:
1. SRI CHIKKASWAMY S SON OF SIDDEGOWDA AGED ABOUT 47 YEARS RESIDING AT: “RANGANATHA SWAMY NILAYA” SAC COLLEGE ROAD T.B. EXTENSION NAGAMANGALA TALUK MANDYA DISTRICT-571 432.
2. SMT. SUDHA K WIFE OF CHIKKASWAMY AGED ABOUT 38 YEARS RESIDING AT: “RANGANATHA SWAMY NILAYA” SAC COLLEGE ROAD T.B. EXTENSION NAGAMANGALA TALUK MANDYA DISTRICT-571 432.
... PETITIONERS (BY SRI KARTHIK C., ADVOCATE FOR SRI NISHANTH A.V., ADVOCATE) AND:
1. STATE OF KARNATAKA BY NAGAMANGALA POLICE STATION, MANDYA DISTRICT-571 432.
2. MR. ARJUN APPAJI SON OF SURESH, RESIDENT OF: UPPARAHALLI VILLAGE, SC COLONY, BEHIND SAC COLLEGE, NAGAMANGALA TALUK, MANDYA DISTRICT-571 432.
3. STATE OF KARNATAKA HOME DEPARTMENT, REPRESENTED BY ITS SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001.
... RESPONDENTS (BY SRI SANDESH J. CHOUTA, AAG ALONG WITH SRI S.V. GIRIKUMAR, AGA FOR R-1 AND R3;
SERVICE OF NOTICE TO R-2 IS DISPENSED WITH VIDE ORDER DATED 23.07.2019) THIS WPHC IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF HABEAS CORPUS DIRECTING THE RESPONDENTS TO PRODUCE THE MISSING DAUGHTER OF PETITIONERS I.E. PRERANA A.C. BEFORE THIS HON'BLE COURT.
***** THIS WPHC COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER This petition is filed seeking for production of Ms.Prerana A.C., who is the daughter of the petitioners. It is their case that she has gone missing since 27.02.2019. On notice being served on the respondent-State, they filed the first status report dated 11.06.2019, by the Sub- Inspector of Police, Nelamangala Town Police. The efforts made by the Police have been narrated therein. A second status report was filed on 27.06.2019. There also it is narrated about the various efforts made by the Police. A third status report has been filed on 18.07.2019, with regard to the efforts made therein.
2. It is further submitted by the learned Additional Advocate General that earlier to filing of the present complaint, a similar disappearance of Ms.Prerana A.C., had taken place. The Police had searched her out and sent her back to her parents. This is the second time that she has gone missing. It is further stated that since it is four months that she has gone missing, the matter has been referred to the Anti-Women Trafficking Unit and that they will pursue the matter.
3. Having considered the submissions made, we find no reason to suspect the bonafides in all the three status reports filed by the respondent-State. The learned counsel for the petitioner does not dispute the said affidavits filed by the respondent – Police. Substantial and adequate efforts have been made by the Police to trace out the missing person. Hence, we find no ground to proceed further.
4. Under these facts and circumstances, the petition is disposed off with a direction to the Anti-Women Trafficking Unit to conduct further search operations in order to trace out the missing person.
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JUDGE JUDGE JJ