IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 12TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA WP (HC).NO.163 OF 2017 BETWEEN:
SRI NARASIMHAMURTHY S/O SUBRAMANI V., AGED ABOUT 24 YEARS, R/AT NO.458, MARUTI NAGAR, GUBBALALA VILLAGE, BENGALURU SOUTH TALUK, BENGALURU – 560 062. ... PETITIONER (BY SRI HARISH KUMAR D., ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY SECRETARY, DEPARTMENT OF HOME AFFAIRS, VIDHANA SOUDHA, BENGALURU – 560 001.
2. THE COMMISSIONER OF POLICE INFANTRY ROAD, BENGALURU – 560 001.
3. STATION HOUSE OFFICER HULIMAVU POLICE STATION, BENGALURU – 560 076.
4. MR.LINGARAJU M.R. AGED MAJOR.
5. MRS.THRAYOJAKSHI W/O LINGARAJU, AGED MAJOR, R/AT NO.185/124, H.D.HALLI, BEGUR HOBLI, BENGALURU – 560 076. ... RESPONDENTS (BY SRI I.THARANATH POOJARY, AGA FOR R1 TO R3) THIS WP(HC) IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1) ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE THEREOF AND CALL UPON THE RESPONDENTS TO PRODUCE THE WIFE OF THE PETITIONER/DETENUE SMT.RAKSHITHA M.L. WHO IS THE DETENUE BEFORE THIS COURT. 2) ISSUING APPROPRIATE WRIT, ORDER OR DIRECTION IN NATURE OF HABEAS CORPUS ESPECIALLY AGAINST THE RESPONDENT NO.4 AND 5 WHO ARE ILLEGALLY HOLD THE PETITIONERS WIFE SMT.RAKSHITHA M.L. IN THEIR DETENTION IN THE ABOVE SAID CAUSE TITLE ADDRESS CALLING UPON THEM TO PRODUCE THE SAID SMT.RAKSHITHA M.L. BEFORE THIS COURT AND SECURE HER PRESENCE.
***** THIS WP(HC) COMING ON FOR PRELIMINARY HEARING THIS DAY, RAVI MALIMATH J., MADE THE FOLLOWING:
ORDER The petitioner claims to be the husband of the Detenue, Ms.Rakshitha daughter of Sri.Lingaraju M.R.
2. The learned Government Advocate, who accepts notice for the respondents submits that the Detenue is present before the Court and produced by Sri.Chidananda, Police Sub-Inspector and Smt.Radhamma, Police Constable of Hulimavu Police Station.
3. On instructions, the learned Government Advocate submits that the Detenue would return back to her parents. The marks cards that is produced indicates that the Detenue is a Major. Therefore, she has the liberty to decide with whom she wants to live with. In view of the statement made, nothing else would survive for consideration. Hence, the petition is dismissed.
The Learned Government Advocate is permitted to file the memo of appearance within four weeks.
Sd/- Sd/-
JUDGE JUDGE JJ