IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16th DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR.JUSTICE K.N.PHANEENDRA AND THE HON’BLE MR.JUSTICE B.A.PATIL WPHC NO.15/2019 BETWEEN:
Sunil Raj T.S.
S/o Shantha Murthy T.M. Aged about 23 years Residing at No.701/3, Near Naveen Arcade 1st Cross, 5th Main, BEML Layout, Counselor Ramachandrappa Building R.R. Nagar, Bengaluru-560 098.
(By Sri Srinivasa M.G., Advocate) AND:
1. State of Karnataka Represented by Secretary M.S. Building Bengaluru-560 001.
2. The Commissioner of Police Bengaluru City, Infantry Road, Bengaluru-560 001.
… Petitioner 3. The Police Inspector Rajarajeshwarinagar Police Station Rajarajeshwarinagar Bengaluru-560 098.
4. Ravi Kumar S.C., Father’s name not known Aged Major Residing at No.415 4th Stage, Opp. To Best Club BEML Layout, R.R. Nagar Bengaluru-560 098.
… Respondents (By Sri Sandesh J. Chouta, Addl. Advocate General a/w Sri S.V. Girikumar, AGA for R1 to R3) This WPHC is filed under Article 226 of the Constitution of India praying to allow the Habeas Corpus Writ Petition filed under Article 226 of the Constitution of India, and direct the respondents to produce the detenue Smt. Sheethal Princy B.R., Aged about 20 years, Residing at No.415, 4th Stage, Opp to Best Club, BEML Layout, R.R. Nagar, Bengaluru-560098 before this Hon’ble Court and pass such other relief/s as this Hon’ble Court deems fit to pass under the circumstances of the above case.
This WPHC coming on for Orders this day, K.N.PHANEENDRA, J. made the following:-
O R D E R The petitioner is present before the Court.
The Detenue Smt.Sheethal Princy D/o Sri.Ravi Kumar is produced before the Court by Sri.Praveen, PSI, R.R. Nagar Police Station and Kumari, Woman Police (Head Constable) No.8488 of R.R. Nagar Police Station. The parents of the Detenue are also present.
The Detenue submits before the Court that she voluntarily went out from the company of the petitioner and she is presently residing with her father and mother on her own volition and her wish. She submits that, she has not been detained illegally or unlawfully by anybody, much less her father and mother. Therefore, under the above said circumstances, when the Detenue submits before the Court that she has not been under illegal or unlawful custody of anybody, particularly when she is a major, the question of considering this WPHC on merits does not survive for consideration.
2. The learned counsel for the petitioner submits that Detenue is the wife of the petitioner and their marriage has been taken place on 22.11.2018 by way of registered marriage. Under the above said circumstances, it is left to the petitioner to approach competent Court of law for restitution of conjugal rights, if advised.
3. Therefore, this WPHC does not survive for consideration and the same is hereby dismissed as infructuous.
4. For the present, the Detenue is set at liberty and she is at liberty to live with her parents according to her wish.
Sd/- JUDGE Sd/- JUDGE *AP/-