IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION (HC) NO.122 OF 2019 BETWEEN:
SRI T.SHARATH KUMAR SON OF THIPPEGOWDA AGED ABOUT 26 YEARS RESIDING AT NO.60 1ST ‘B’ MAIN ROAD VENKATEGOWDA LAYOUT HEBBAL KEMPAPURA BENGALURU-560 024.
(BY SRI:K.N.VENKATESH, ADVOCATE) AND:
1. THE SUPERINTENDENT CENTRAL PRISON PARAPPANA AGRAHARA BENGALURU-560 100.
... PETITIONER 2. SRI K.S.KRISHNAMURTHY SON OF LATE SANJEEVAPPA AGED ABOUT 67 YEARS RESIDING AT FLAT NO.206 3RD FLOOR, NO.60, 1ST ‘B’ MAIN ROAD VENKATEGOWDA LAYOUT HEBBAL, KEMPAPURA BENGALURU-560 024.
3. SRI A.SRINIVAS SON OF ASHWATHANARAYANAPPA AGED ABOUT 58 YEARS RESIDING AT NO.53 ‘SREE NILAYA’, DUBASIPALYA R.V.C.E. POST BENGALURU-560 059.
4. SRI K.ABHIMANYA YADAV SON OF K.S. KRISHNAMURTHY AGED ABOUT 33 YEARS RESIDING AT FLAT NO.202 1ST FLOOR, NO.60, 1ST ‘B’ MAIN ROAD VENKATEGOWDA LAYOUT HEBBAL, KEMPAPURA BENGALURU-560 024.
5. SMT. T.PARVATHAMMA WIFE OF K.S. KRISHNAMURTHY AGED ABOUT 60 YEARS RESIDING AT FLAT NO.206 3RD FLOOR, NO.60, 1ST ‘B’ MAIN ROAD VENKATEGOWDA LAYOUT HEBBAL, KEMPAPURA BENGALURU-560 024.
6. THE STATE OF KARNATAKA DEPARTMENT OF HOME AFFAIRS REPRESENTED BY ITS SECRETARY VIDHANA SOUDHA BENGALURU-560 001.
... RESPONDENTS (BY SRI:S.V.GIRIKUMAR, AGA FOR R1 AND R6) THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF HABEAS CORPUS DIRECTING THE SUPERINTENDENT, CENTRAL PRISON, PARAPPANA AGRAHARA, BENGALURU CITY TO RELEASE THE PETITIONER’S FATHER THIPPEGOWDA SON OF KRISHNE GOWDA THE RESPONDENT/JDR IN EXECUTION CASE NOS.670 OF 2016, 671 OF 2016, 672 OF 2016 AND 676 OF 2016 PENDING ON THE FILE OF THE HON’BLE XXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CITY CIVIL COURT (CCH-30), BENGALURU CITY WHO HAS BEEN COMMITTED FOR DETENTION IN THE CIVIL PRISON IN EXECUTION CASE NOS.670 OF 2016, 671 OF 2016, 672 OF 2016 AND 676 OF 2016 BY THE HON’BLE XXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CITY CIVIL COURT (CCH-30), BENGALURU CITY.
***** THIS WPHC COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER This petition is filed seeking for a writ of habeas corpus to direct the Superintendent of Police, Central Prison, Parappana Agrahara, Bengaluru City to release the petitioner’s father.
2. The plea of the petitioner is that his father has been arrested in connection with Execution Case Nos.670 of 2016, 671 of 2016, 672 of 2016 and 676 of 2016 on the file of the XXIX Additional City Civil and Sessions Judge, City Civil Court, Bengaluru City. That no reasons have been assigned for the said order. Hence, he contends that it is an illegal detention.
3. On hearing learned Counsel, we do not find any merit in this petition. The petitioner’s father is in detention in the manner known to law. He is in detention by the order of the Court. If the petitioner’s father is in detention by the order of the Court, the same cannot be said to be an illegal detention. If there is any remedy available to the petitioner, he is at liberty to invoke the same. The contention that he is in illegal detention, notwithstanding the order of the Court, cannot be accepted.
The petition is dismissed.
Sd/- JUDGE Sd/- JUDGE *bgn/-