IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 26TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE H.P. SANDESH WRIT PETITION (HABEAS CORPUS) No.91 of 2019 BETWEEN:
SRI MURUGESHA S., S/O. SHANMUGAM MUDALIAR, AGED ABOUT 27 YEARS, RESIDING AT TOPPANAHALLI (V) & (P), KAMASAMUDRA HOBLI, BANGARPETE TALUK, KOLAR DISTRICT – 563 129.
(BY SRI SHRIDHARA K. ADVOCATE) AND:
1. STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENTAL OF HOME, VIDHANA SOUDHA, BENGALURU – 560 001.
... PETITIONER 2. THE COMMISSIONER OF POLICE, INFANTRY ROAD, BENGALURU – 560 001.
3. SUPERINTENDENT OF POLICE, TAMAKA, KOLARA DISTRICT – 563 101.
4. POLICE SUB-INSPECTOR, KAMASAMUDRA POLICE STATION, KAMASAMUDRA,GOLD FIELD, KOLARA DISTRICT – 563 117.
5. SRI VENKATESHAPPA, S/O. NOT KNOWN, AGED ABOUT 45 YEARS, 6. SMT. SUJATHA, W/O. VENKATESHAPPA, AGED ABOUT 40 YEARS, 7. SRI MALLESH, S/O. RUDRAPPA, AGED ABOUT 26 YEARS, RESPONDENT Nos.5 TO 7 ARE RESIDING AT BATTALURU VILLAGE, DONIMADAGU PANCHAYATH, BANGARPETE TALUK, KOLAR DISTRICT – 563 129.
Detenue:
MISS. SOWMYA V., D/O. VENKATESHAPPA, AGED ABOUT 17 YEARS, RESIDENT OF BATTALURU VILLAGE, … RESPONDENTS DONIMADAGU PANCHAYATH, BANGARPETE TALUK, KOLAR DISTRICT – 563 129.
(BY SRI SANDESH J. CHOUTA, ADDITIONAL ADVOCATE GENERAL along with SRI S.V. GIRIKUMAR, AGA) THIS WRIT PETITION (HABEAS CORPUS) IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT HABEAS CORPUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OF DETENTION, DIRECTING THE RESPONDENTS TO CAUSE PRODUCTION OF THE DETENUE AND SET HER LIBERTY FORTHWITH.
THIS WRIT PETITON (HABEAS CORPUS) COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH, J., PASSED THE FOLLOWING:
O R D E R This petition is filed seeking for a writ of habeas corpus to produce the minor girl Miss Sowmya V., She is produced in the Court today by Sri Somashekar H.M., ASI, Kamasamudram Police Station and Smt. Rathnamma., WPC 72, Kamasamudram Police Station. Her mother is also present in the Court.
2. On ascertaining, it is found that she is a minor girl aged about 16 ½ years. She says that she is living with her mother on her own will.
3. In the circumstances, we do not find any ground to proceed further. Hence, the petition is dismissed.
Sd/- Sd/-
JUDGE JUDGE mv