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. 5/2019 BETWEEN VENKATARAMANA T S/O LATE THIMMAPPA AGED ABOUT 35 YEARS R/AT NO.47, 1ST MAIN 3RD CROSS, GANAPATHI LAYOUT MANJUNATHANAGAR BENGALURU – 560 073 ... PETITIONER (BY SRI. V. KODANDARAME GOWDA, ADV.) AND 1. THIPPESWAMY S/O GOWRISHAPPA AGED ABOUT 40 YEARS R/AT SINGAREDDYHALLI VILLAGE, V.N. HOSKOTE POST PAVAGADA TALUK TUMAKURU – 561 202 2. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU – 560 001 3. THE SUPERINTENDENT OF POLICE TUMAKURU DISTRICT TUMAKURU – 561 202 4. THE POLICE INSPECTOR PAVAGADA CIRCLE PAVAGADA POLICE STATION PAVAGADA, TUMAKURU – 561 202 RESPONDENTS 2 TO 4 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 ... RESPONDENTS (BY SRI. E. S. INDIRESH, AGA FOR R2 TO R4 NOTICE NOT ORDERED IN R/O R1) THIS WPHC IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE HABEAS CORPUS TO DIRECT THE RESPONDENTS 2 TO 4 TO PRODUCE THE MISSING WOMAN SMT. MAMATHA 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, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS WPHC COMING ON FOR ORDERS THIS DAY, K.N.PHANEENDRA J., MADE THE FOLLOWING:
ORDER The present petition is filed seeking for a direction to Respondent Nos. 2 to 4 to produce the missing woman Smt. Mamatha before this court.
2. The learned High Court Government Advocate submits before this court that, the said lady is lodged in Mahila Sweekara Kendra, Tumakuru Town, Tumakuru, since 09.12.2018 and she is not in any illegal or unlawful custody of the police or with anybody.
In the above facts and circumstances, this petition for habeas corpus does not survive for consideration. Accordingly, the petition is dismissed. The petitioner is at liberty to file appropriate application in accordance with law to go to the institution where the said lady-Smt.Mamatha is lodged and secure that lady, if necessary, according to law.
Sd/- JUDGE Sd/- JUDGE KGR*