IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR.JUSTICE K. N. PHANEENDRA AND THE HON’BLE MR.JUSTICE B. A. PATIL WPHC No.7/2019 BETWEEN SMT. SUNITHA W/O KALLESHI S.
AGED ABOUT 28 YEARS R/AT CHIKKANKANAHALLI HEBBARALU.
ATHGURU HOBLI MADDURU TALUK MANDYA DISTRICT – 571 429 ... PETITIONER (BY SRI. HANUMANTHAPPA B. HARAVIGOWDAR, ADV.) AND 1. THE HOME SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU – 560 001 2. THE DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF POLICE NRUPATHUNGA ROAD BENGALURU – 560 001 3. THE POLICE INSPECTOR SUBRAHMANYAPURA POLICE STATION BENGALURU – 560 074 ... RESPONDENTS (BY SRI. E. S. INDIRESH, AGA) THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF HABEAUS CORPUS DIRECTING THE 3RD RESPONDENT TO PRODUCE THE PHYSICAL BODY OF THE PETITIONER’S HUSBAND BY NAME KALLESHI S., WITH IMMEDIATE EFFECT.
THIS WPHC COMING ON FOR PRELIMINARY HEARING THIS DAY, K.N.PHANEENDRA J., MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and also the learned High Court Government Advocate.
2. The petition is filed seeking for a direction to produce the physical body of the petitioner’s husband by name Kalleshi S.
3. Learned Government Advocate submits before the court that the said person Kalleshi S. has already been arrested by the Konanakunte Police in connection with Crime No.375/2018.
4. Learned High Court Government Advocate submits before the court that, the said person Kalleshi S., has already been arrested by the Konanakunte Police in connection with Crime No. 375/2018 for the offences punishable under Sections 454 and 318 of IPC and he has already been produced before the jurisdictional Magistrate on 07.01.2019, and he has been remanded to judicial custody.
5. In the above circumstances, no case is made out to show that the said person is in illegal custody of anybody. Hence, this Habeas Corpus Petition does not survive for consideration on merits and hence the same is dismissed granting liberty to the parties to move in accordance with law.
Sd/- JUDGE Sd/- JUDGE KGR*