Citation : 2024 Latest Caselaw 27667 Kant
Judgement Date : 19 November, 2024
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NC: 2024:KHC:46690-DB
WPHC No. 105 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MRS JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
WRIT PETITION (HABEAS CORPUS) NO. 105 OF 2024
BETWEEN:
1. SMT. PUTTAMMA,
W/O KRISHNA @ KENCHENAHALLI KRISHNA,
AGED ABOUT 55 YEARS,
R/AT BYRAPATNA,
NEAR RAILWAY GATE,
MULUR HOBLI, CHANNAPATNA TALUK,
RAMANAGARA DISTRICT-582 160.
...PETITIONER
(BY SRI. N NANDAN, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
SUPERINTENDENT OF POLICE,
RAMANAGARA DISTRICT-582 160.
2. SAHANA,
Digitally signed by KORLAHALLI
BHARATHIDEVIKRISHNACHARYA SUB-INSPECTOR OF POLICE,
Location: HIGH COURT OF
KARNATAKA
M.K. DODDI POLICE STATION,
CHANNAPATNA RURAL,
RAMANAGARA DISTRICT-582 160.
...RESPONDENTS
IN THE MATTER OF
SRI. KRISHNA @ KENCHENAHALLI KRISHNA,
AGED ABOUT 65 YEARS,
R/AT BYRAPATNA, NEAR RAILWAY GATE,
MULUR HOBLI,CHANNAPATNA TALUK,
RAMANAGARA DISTRICT-582 160.
...DETENUE
(BY SRI. B.A BELLIAPPA, SPP ALONG WITH
SRI. M.V. ANOOP KUMAR, HCGP FOR R1)
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NC: 2024:KHC:46690-DB
WPHC No. 105 of 2024
THIS WP(HC) IS FILED UNDER ARTICLE 226 OF
CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENT POLICE TO PRODUCE THE DETENUE BEFORE
THIS HON'BLE COURT AND SEND HIM TO THE CUSTODY OF
THE PETITIONER.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN
and
HON'BLE MR JUSTICE UMESH M ADIGA
ORAL JUDGMENT
(PER: HON'BLE MRS JUSTICE ANU SIVARAMAN)
This writ petition is filed seeking directions to the
respondents to produce the detenue before this Court and
to release him from the custody to the petitioner, who is
his wife.
2. Learned SPP appearing for the respondents has
obtained instructions and has placed a report on record
from the Sub-Inspector of Police, M.K. Doddi Police
Station, Channapatna Rural, Ramanagara District stating
that the husband of the petitioner is involved in a crime of
the said Police Station, bearing Crime No.52/2022 with
regard to house trespass committed on 28.05.2022. It is
NC: 2024:KHC:46690-DB
submitted that he was arrested on 13.11.2024 at around
11.00 a.m near Byrapatna and he was taken to custody by
ASI-Prasanna from M.K. Doddi Police Station. His arrest
was informed to his son Ravi. Further it is contended that
several other cases are pending against the accused.
3. The report filed by learned SPP is taken on
record.
4. Having considered the contentions raised and in
view of the report submitted by learned SPP, the writ
petition Habeas Corpus is closed, recording the said
report.
Sd/-
(ANU SIVARAMAN) JUDGE
Sd/-
(UMESH M ADIGA) JUDGE
AG
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