IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 30TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION (HC) NO.115 OF 2019 BETWEEN:
SRI PURUSHOTHAM K.N SON OF SRI NARASIMHAMURTHY, AGED ABOUT 23 YEARS, RESIDING AT: OPP. ACHARYA COLLEGE, ANDRAHALLI, BENGALURU NORTH, BENGALURU-560 091, KARNATAKA.
...PETITIONER (BY SRI T.P. SHASHIDHARA, ADVOCATE FOR SRI HARISH PRABHU S., ADVOCATE) AND:
1. STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU.
2. INSPECTOR OF POLICE BYDRAHALLI POLICE STATION, BENGALURU.
3. M. BASAVARAJAPPA SON OF MUNIYAPPA, AGED ABOUT 46 YEARS.
4. SMT. MANGALA WIFE OF M. BASAVARAJU AGED ABOUT 45 YEARS, RESIDING AT NO.8, GAGANA NILAYA, VALMIKINAGAR, 10TH CROSS, ANDRAHALLI MUDOSAPPA BADAVANE, SRI CHAKRA NAGARA MAIN ROAD, BENGALURU NORTH, BENGALURU-560 091, KARNATAKA.
…RESPONDENTS (BY SRI GIRIKUMAR S.V., AGA FOR R-1 AND R-2;
SRI K. KRISHNAPRASAD, ADVOCATE FOR R-3 AND R-4) THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN ORDER OR DIRECTION IN THE NATURE OF WRIT OF HABEAS CORPUS DIRECTING THE RESPONDENTS TO PRODUCE THE DETENUE I.E. GAGANA.B, THE WIFE OF THE PETITIONER FORTHWITH BEFORE THIS HON’BLE HIGH COURT.
***** THIS WPHC COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER It is the plea of the petitioner for a writ of habeas corpus to produce his wife viz., Smt.Gagana. B. It is his case that without any reason she has left home.
2. The detenue is present in the court along with her parents. The learned counsel appearing for the respondents submit that there is harassment meted out by the petitioner to the detenue. In terms whereof, a complaint has been lodged before the Bydrahalli Police Station, on 13.09.2019.
3. On questioning the detenue, she submits that she is not interested to go back with her petitioner- husband. Under these circumstances, we do not find any good ground to grant a writ of habeas corpus. It is the will and desire of the detenue to live her life as she wants. Hence, the petition is dismissed.
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JUDGE JUDGE JJ