IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 22ND 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.81 OF 2019 BETWEEN:
SRI G. RAGHU LATE GURUPPA, AGED ABOUT 60 YEARS, RESIDING AT NO.247/2, 7TH CROSS, NEAR YELLAMMA TEMPLE, KODHIHALLI, HAL 2ND STAGE, BENGALURU-560 008.
(BY SRI C.A. AJITH, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001.
2. THE COMMISSIONER OF POLICE INFANTRY ROAD, BENGALURU-560 001.
... PETITIONER 3. THE CIRCLE INSPECTOR OF POLICE JEEVAN BHEEMANAGAR POLICE STATION, HALASUR SUB-DIVISION, BENGALURU-560 075.
4. MADHU SUDHAN AGED ABOUT 23 YEARS, SON OF DEVARAJ, RESIDING AT DANAVAHALLI VILLAGE, VEMGAL TALUK, NARASAPURA HOBLI, KOLAR DISTRICT-563 102.
... RESPONDENTS (BY SRI S.V. GIRIKUMAR, ADDITIONAL GOVERNMENT ADVOCATE FOR R-1 TO R-3) THIS WPHC IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS BY DIRECTING THE RESPONDENTS TO KEEP THE DETENUE PRESENT BEFORE THIS HON'BLE COURT IMMEDIATELY WHO IS UNDER THE ILLEGAL CUSTODY OF 4TH RESPONDENT AND GIVE THE CUSTODY OF THE DETENUE TO THE PETITIONER CONSIDERING THE PARAMOUNT INTEREST OF THE GIRL.
***** THIS WPHC COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER This petition is filed seeking for a writ of habeas corpus for producing the Detenue Smt.Supriya who is stated to be in illegal detention of respondent No.4.
2. Notice was issued to the respondent - State.
She has been produced in the Court through PSI Lingaraju and Smt.Gurubai (WPC -16799) of Jeevan Bheemanagar Police station. On questioning, she states that she is aged about 26 years which is not disputed by the petitioner’s counsel. She further states that she would like to live with respondent No.4 - Sri Madhusudhan. That she wants to live on her own volition. That there is no pressure or coercion from anybody. Being an adult she cannot be compelled to go with the petitioner.
3. On hearing, we are of the view that she being a major is entitled to lead a life, she so desires. She cannot be compelled to live with one person or the other.
In view of her production, we do not find any ground to proceed further.
The petition is disposed off.
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JUDGE JUDGE Rsk/-