IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 04TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA WRIT PETITION (HABEAS CORPUS) NO.132 OF 2017 BETWEEN:
SMT.YASMIN W/O MOHAMMED MUNNA AGED ABOUT 32 YEARS R/A NO.788, 17TH CROSS C BLOCK, GOUSIYA NAGAR KALYANGIRI MYSORE KARNATAKA 570019 ... PETITIONER (BY SRI:DILRAJ ROHIT SEQUEIRA, ADV - ABSENT) AND:
1. STATE OF KARNATAKA BY D.G.OF POLICE CHIEF OFFICE NRUPATHUNGA ROAD BENGALURU 560001 2. THE SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU 560001 3. THE COMMISSIONER OF POLICE INFANTRY ROAD BENGALURU 560001 4. THE STATION HOUSE OFFICER BASAVANAGUDI POLICE STATION BENGALURU DISTRICT 560099 BENGALURU 560026 ... RESPONDENTS (BY SRI:E.S.INDIRESH, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION (HABEAS CORPUS) IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF HABEAS CORPUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION BY DIRECTING THE RESPONDENTS TO PRODUCE HUSBAND MOHAMMED MUNNA, AGED ABOUT 31 YEARS, S/O MOHAMMED KALIL, R/A NO.788, 17TH CROSS, C BLOCK, GOUSIYA NAGAR, KALYANGIRI MYSORE, KARNATAKA 570019 BEFORE THIS HONOURABLE COURT.
***** THIS WRIT PETITION (HABEAS CORPUS) COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., MADE THE FOLLOWING:
O R D E R The learned Additional Government Advocate accepts notice for the respondents.
2. The petitioner’s counsel is absent.
3. Heard the learned Additional Government Advocate.
4. The plea of the petitioner is to direct the respondents to produce the husband of the petitioner who is said to be in illegal detention.
5. The learned Additional Government Advocate submits that such a plea cannot be accepted. The husband of the petitioner, Sri.Mohammed Munna has been arrested in connection with Crime No.159 of 2017 on 02.09.2017 by the Basavanagudi Police for the offences punishable under Sections 454 and 380 of IPC and he has been produced before the II Additional Chief Metropolitan Magistrate, Bengaluru on 03.09.2017.
6. In view of the submissions made, it cannot be said that the husband of the petitioner is in illegal detention. The detenue is in custody of the respondent Police in the manner known to law. Hence, the Writ Petition is dismissed.
7. Registry is directed to send a copy of this order to the petitioner.
8. The learned Additional Government Advocate is permitted to file his memo of appearance within four weeks.
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JUDGE JUDGE DM/-