IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION (HC) No.113 OF 2019 BETWEEN:
1 . SRI SARDARI LAL SHARMA, SON OF LATE RAJA RAM SHARMA, AGED ABOUT 70 YEARS, RESIDING AT NO.H – 39, SECTOR – 11, NOIDA, GAUTHAM BUDHNAGAR [DISTRICT] UTTAR PRADESH – 201 301.
(BY SRI C.SHANKAR REDDY, ADVOCATE) ... PETITIONER AND:
1 . THE STATE OF KARNATAKA, DEPARTMENT OF HOME, VIKASA SOUDHA, DR.B.R.AMBEDKAR ROAD, BENGALURU 560 001.
REPRESENTED BY ITS SECRETARY.
2 . THE STATION HOUSE OFFICER SARJAPURA POLICE STATION, SARJAPURA, BENGALURU – 562 125.
3 . SRI GAURAV SHARMA, AGED ABOUT 32 YEARS, SON OF SARDARI LAL SHARMA.
4. SMT. CHANDRAKALA WIFE OF GAURAV SHARMA, AGED ABOUT 30 YEARS, RESPONDENTS 3 AND 4 ARE PRESENTLY AVAILABLE FOR SERVICE AT NO.120, PENINSULA PARK VILLA, THINDLU ROAD, SARJAPURA, BENGALURU – 562 125.
DETENUE:
SMT. SUPRAMA SHARMA, AGED ABOUT 65 YEARS, WIFE OF SARDARI LAL SHARMA.
... RESPONDENTS (BY SRI S.V.GIRIKUMAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1 AND 2) THIS WPHC IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF HABEAS CORPUS DIRECTING RESPONDENT NOs.3 AND 4 TO PRODUCE BEFORE THIS HON’BLE COURT THE SMT.SURAMA SHARMA, WHO IS AT PRESENT IN THEIR UNLAWFUL AND FORCEFUL CUSTODY TO ENABLE THE PETITIONR TO PROVIDE SUFFICIENT AND PROPER MEDICAL TREATTMENT TO HER AND ETC..
THIS WPHC COMING ON FOR ORDERS, THIS DAY, RAVI MALIMATH J., MADE THE FOLLOWING:
ORDER This writ petition is filed seeking a writ of habeas corpus directing respondent Nos.3 and 4 to produce the wife of the petitioner before the Court.
2. The plea of the petitioner is that his wife being unwell, was admitted to the hospital on a number of occasions. However, respondent Nos.3 and 4, who are the son and the daughter-in-law, are confining her without even giving any treatment. Therefore, she is suffering. Hence, it is pleaded that his wife be directed to be produced before the Court.
3. On hearing the learned counsels, we do not find any ground to issue a writ of habeas corpus. Firstly, it is the fact that it cannot be said that the wife of the petitioner is in illegal detention. If the contention of the petitioner is to be accepted, his wife is in the custody of the petitioner’s son and daughter-in-law and therefore, it is not the case of any illegal detention. Further, so far as the petitioner’s grievance with regard to production of his wife, the same can appropriately be done in the manner known to law. Seeking a writ of habeas corpus is inappropriate. We do no find any ground to issue the said writ.
Therefore, the writ petition is dismissed with the aforesaid liberty.
Sd/- JUDGE Sd/- JUDGE Cs/-
CT-MJ