Sri. Ishwarappa S/O. Mallappa ... vs The State Of Karnataka
2023 Latest Caselaw 5796 Kant

                                              -1-
                                                        NC: 2023:KHC-D:9245-DB
                                                       WPHC No.100020 of 2023




                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                            DATED THIS THE 21ST DAY OF AUGUST, 2023
                                           PRESENT
                        THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
                                             AND
                            THE HON'BLE MR JUSTICE G BASAVARAJA


                              WRIT PETITION HC NO.100020 OF 2023
                 BETWEEN:

                 SRI. ISHWARAPPA,
                 S/O. MALLAPPA UMACHAGI,
                 AGE: 57 YEARS, OCC: AGRICULTURE,
                 R/O: BASTIBANA, LAKSHMESHWAR-582116,
                 TAL: LAKSHMESHWAR, DIST: GADAG.
                                                                   ...PETITIONER
                 (BY SRI.SRINAND A.PACHHAPURE, ADVOCATE)


                 AND:
                 1.   THE STATE OF KARNATAKA,
                      REPRESENTED BY ITS SECRETARY,
                      DEPARTMENT OF HOME,
                      M.S.BUILDING, AMBEDKAR VEEDHI,
                      BENGALURU-560001.
JAGADISH T R
HIGH COURT
                 2.   THE SUPERINTENDENT OF POLICE,
OF                    GADAG, DIST: GADAG-582101.
KARNATAKA
2023.08.23
12:37:31 +0530
                 3.   THE CIRCLE POLICE INSPECTOR,
                      LAKSHMESHWAR POLICE STATION-582116,
                      TAL: LAKSHMESHWAR, DIST: GADAG.

                 4.   THE POLICE SUB-INSPECTOR,
                      LAKSHMESHWAR POLICE STATION-582116,
                      TAL: LAKSHMESHWAR, DIST: GADAG.
                                                                ...RESPONDENTS

                 (BY SRI.PRAVEEN UPPAR, ADDL. GOVT. ADVOCATE)


                     THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE
                 CONSTITUTION OF INDIA, PRAYING THIS HON'BLE COURT TO,
                                  -2-
                                          NC: 2023:KHC-D:9245-DB
                                         WPHC No.100020 of 2023




WHEREFORE, IT IS RESPECTFULLY PRAYED BEFORE THIS HON BLE
COURT TO ISSUE WRIT OR DIRECTION IN THE NATURE OF WRIT OF
HABEAS CORPUS DIRECTING THE RESPONDENTS NO.1 TO 4 TO
PRODUCE THE SON OF THE PETITIONER SRI.KALAKAPPA @ KIRAN
S/O. ISHWARAPPA UMACHAGI, BEFORE THE COURT AND GRANT ANY
OTHER RELIEF AS PRAYED FOR, IN THE INTEREST OF JUSTICE.

     THIS PETITON COMING ON FOR ORDERS,               THIS   DAY,
S.R.KRISHNA KUMAR J., PASSED THE FOLLOWING:



                           ORDER

The petitioner, Sri. Ishwarappa, has presented this

petition for a direction to the respondents-police

authorities to produce his son viz., Kalakappa @ Kiran,

before this Court and for other reliefs.

2. Pursuant to the directions/orders issued/passed

by this Court, the respondents-police authorities have filed

a memo dated 13.07.2023, along with documents to

indicate that, on the basis of a complaint filed by the

petitioner, a case of a missing complaint in Crime

No.89/2023 of Lakshmeshwar Police Station has been

registered and the proceedings/investigation is undertaken

by the Police to trace the petitioner's son. Subsequently,

on 31.07.2023, a Memo, along with enquiry report dated

NC: 2023:KHC-D:9245-DB WPHC No.100020 of 2023

31.07.2023, indicating the investigation undertaken and

the progress made by the respondents-police authorities

to trace the petitioner's son.

3. When the matter was taken up for hearing

today, the respondent-police authorities have filed a

memo along with an enquiry report dated 21.08.2023 to

the effect that despite repeated efforts and enquiries, the

son of the petitioner could not be traced even till today. It

is also stated that the respondents-police authorities have

not kept the son of the petitioner in detention.

4. Under these circumstances, in the light of the

judgment of this Court in the case of Sudharani Vs. The

State of Karnataka through Home Secretary and Others1,

wherein it is held that if a person concerned was missing

and not in unlawful detention, the question of release of

such a person on the ground of unlawful detention does

not arise, we deem it just and appropriate to dispose of

ILR 2016 KAR 731

NC: 2023:KHC-D:9245-DB WPHC No.100020 of 2023

the petition directing the respondents-police authorities to

complete the investigation, file a report and intimate the

same to the petitioner in accordance with law, as

expeditiously as possible.

With the above observations, Habeas Corpus petition

stands disposed of accordingly.

The submission of the learned Additional Government

Advocate that the police would make all efforts to trace

the petitioner's son is placed on record.

Sd/-

JUDGE

Sd/-

JUDGE KMS