IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF MAY, 2019 PRESENT THE HON’BLE MR. JUSTICE B. VEERAPPA AND THE HON’BLE MR. JUSTICE R. DEVDAS W. P.H.C. NO.37 OF 2019 BETWEEN:
SRI. SURAJ SEN, S/O SAMPATH LAL, AGED ABOUT 24 YEARS, RESIDING AT NO.240, 1ST MAIN ROAD, 3RD BLOCK, DODDAIAH COMPOUND, SHIVANAHALLI, RAJAJINAGAR, BENGALURU – 560 010.
…PETITIONER (BY SRI.H.R.SANJEEVEGOWDA, ADVOCATE) AND:
1. THE POLICE INSPECTOR, BASAVESHWARANAGAR POLICE STATION, BENGALURU – 560 079.
2. THE COMMISSIONER, INFANTRY ROAD, BENGALURU.
3. INSPECTOR GENERAL OF POLICE, MILLER ROAD, BENGALURU.
4. THE SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE – 560 001.
5. SRI.GAMNARAM, FATHER’S NAME NOT KNOWN TO THE PETITIONER, AGED ABOUT 53 YEARS, 6. SMT. BABLI DEVI, W/O GAMNARAM, AGED ABOUT 45 YEARS, 7. SRI.AMAR RAM, FATHER’S NAME NOT KNOWN TO THE PETITIONER, AGED ABOUT 60 YEARS, RESPONDENT NO.5 TO 7 ARE RESIDING AT:
ABOVE MATHESHWARI HARDWARE SHOP, 2ND FLOOR, NEAR RANI BOW SCHOOL, ABBIGERE MAIN ROAD, CHIKKABANAVARA POST, BENGALURU – 560 090.
...RESPONDENTS (BY DR.S.V.GIRIKUMAR, AGA FOR R1 TO R4;
R5 TO 7 ARE SERVED AND UNREPRESENTED) THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUES A WRIT OF HABEAS CORPUS AND DIRECT THE RESPONDENT NO.1 TO 3 TO PRODUCE THE WIFE OF THE PETITIONER BY NAME G.KASTHURI BEFORE THIS HON’BLE COURT AND PASS SUCH NECESSARY ORDERS AS THIS HON’BLE COURT DEEMS FIT IN THE FCTS AND CIRCUMSTANCES OF THE CASE.
THIS PETITION COMING ON FOR ORDERS THIS DAY, B. VEERAPPA J, MADE THE FOLLOWING:
ORDER The petitioner-husband has filed the present petition to issue writ of habeas corpus directing respondents 1 to 3 to produce his wife, Smt. G. Kasthuri before this Court.
2. This matter had come up before this Court on several occasions. Ultimately on 26.04.2019 the learned Additional Government Advocate had submitted that respondent-police have made sufficient progress and they are proceeding to the place where the alleged detenue is shown to be located. Accordingly, the detenue is produced today before the Court through Sri V.B. Prabhu Swamy, PSI, Basaveshwaranagar Police Station along with Smt. Bhagya Women Police Constable No.13388. On enquiry, the detenue replied that she is aged 23 years and she had married the petitioner on 18.4.2018 and is ready and willing to go along with her husband-the petitioner herein. The Certificate of Registration of Hindu Marriage issued by the Registrar of Marriage, Vijayanagar, dated 19.4.2019 is produced as Annexure-“A”.
3. In view of the above, the writ petition is disposed of. The detenue Smt. Kasthuri G. is at liberty to go along with her husband-the petitioner herein and the petitioner is directed to ensure proper care of his wife.
Ordered accordingly.
Sd/- JUDGE *alb/-
Sd/- JUDGE