IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17th DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR.JUSTICE K.N.PHANEENDRA AND THE HON’BLE MR.JUSTICE B.A.PATIL WPHC NO.10/2019 BETWEEN:
1. Bhagyamma Aged about 42 years W/o Anjanappa M.V., R/a Near Giriyas Showroom Vivekanandanagara Ramanagara Town, Ramanagara, Karnataka-562 159.
2. Anjanappa M.V.
S/o late Venkataramanappa R/a Near Giriyas Showroom Vivekanandanagara Ramanagara Town, Ramanagara, Karnataka-562 159.
… Petitioners (By Sri Ganesh Kumar R., Advocate) AND:
1. State of Karnataka by its Principal Secretary Home Department Room No.219, 2nd Floor Vidhana Soudha Bangalore-560 001.
2. Inspector of Police Ramanagar Police Station Ramanagara Town Circle Ramanagara-562 159.
3. Superintendent of Police Ramanagara District Ramanagara 4. Sunil Kumar Aged about 28 years S/o Venkatesh R/a Mariyappa Layout Bangalore City, Karnataka.
5. Venkatesh Aged about 55 years R/a Mariyappa Layout Bangalore City, Karnataka 6. Manjula Aged about 50 years W/o Venkatesh R/a Mariyappa layout Bangalore City, Karnataka.
… Respondents (By Sri Sandesh J. Chouta, Addl. Advocate General a/w Sri S.V. Girikumar, AGA for R1 to R3;
R4 to R6–Notice issued vide order dated 10.01.2019 ) This WPHC is filed under Article 226 of the Constitution of India praying to issue an appropriate order, direction or writ in the nature habeas corpus directing the respondents to cause the production of the person of detenue namely Kumari Geethanjali, Aged about 15 years before this Hon’ble Court and handover the detenue to the legal custody of the petitioners.
This WPHC coming on for orders this day, K.N.PHANEENDRA, J. made the following:-
O R D E R The Detenue Kum.Geethanjali, aged about 16 years is produced before this Court by Smt.Shoba- PSI of Ramanagaram police and Smt.Jyothi- Woman Police Constable, No.604. The Detenue submitted that she would like to live along with her parents.
2. Considering the above said submission made by the Detenue and it is also seen that a case has already been registered against respondent No.4 Sunil Kumar in Crime No.0092/2018 and he has been arrested in connection with this case, by considering the age of the girl, we feel it just and necessary to set her at liberty and also directing her to go along with her parents for which she is agreed before the Court.
3. The parents of the Detenue by name Smt.Bhagyamma and Anjanappa M.V., petitioners No.1 and 2 are also present before the Court and they have taken the custody of their daughter before the Court.
4. Under the above said facts and circumstances this petition for habeas corpus does not survive for consideration on merits. Hence, the petition is disposed off directing the detenue to go along with her parents.
Sd/- JUDGE Sd/- JUDGE *AP/-