Citation : 2024 Latest Caselaw 25539 Kant
Judgement Date : 25 October, 2024
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NC: 2024:KHC:43123-DB
WPHC No. 98 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MRS JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
WRIT PETITION (HABEAS CORPUS) NO. 98 OF 2024
BETWEEN:
CHAITHRA R,
D/O RAJANNA M,
AGED ABOUT 26 YEARS,
NO.153, HUSKURU,
HUSKURU POST,
DASANAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU-562 123.
THROUGH
VIJAYAKUMAR,
S/O GOPALAPPA,
AGED ABOUT 45 YEARS,
NO.18, SHIVAKRUPA NILAYA,
T.G HALLI,
BENGALURU-560 073.
AS NEXT FRIEND
Digitally signed by KORLAHALLI
BHARATHIDEVIKRISHNACHARYA ...PETITIONER
Location: HIGH COURT OF
KARNATAKA
(BY SRI. RASHEED KHAN, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REP. BY SPP,
HIGH COURT OF KARNATAKA,
BENGALURU.
2. INSPECTOR GENERAL OF POLICE,
NO.5, MILLERS ROAD,
VASANTHNAGAR,
BENGALURU.
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NC: 2024:KHC:43123-DB
WPHC No. 98 of 2024
3. COMMISSIONER OF POLICE,
INFRANTRY ROAD,
BANGALORE - 560 001.
4. CIRCLE INSPECTOR OF POLICE,
NELAMANGALA TOWN POLICE,
NELAMANGALA,
BENGALURU RURAL.
5. RAJANNA,
FATHER OF THE PETITIONER,
AGED ABOUT 58 YEARS,
6. VIJAYAMMA N M,
MOTHER OF THE PETITIONER,
AGED ABOUT 55 YEARS,
7. RUDRESH R,
BROTHER OF THE PETITIONER,
AGED ABOUT 23 YEARS,
8. SIDDESH N M
JUNIOR UNCLE OF THE PETITIONER,
AGED ABOUT 42 YEARS,
9. SHIVAKUMAR,
SENIOR UNCLE,
AGED ABOUT 45 YEARS,
10. LATHA N M
AUNTY OF THE PETITIONER
AGED ABOUT 35 YEARS,
11. LAKSHMIDEVI
AUNTY OF THE PETITIONER
AGED ABOUT 45 YEARS,
ALL ARE RESIDING AT
NO.153, HUSKURU,
HUSKURU POST,
DASANAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU - 562 123.
...RESPONDENTS
(BY SRI.B.A BELLIAPPA,ADLL.SPP A/W
SRI. M.V. ANOOP KUMAR, HCGP FOR R1 TO R4)
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NC: 2024:KHC:43123-DB
WPHC No. 98 of 2024
THIS WP(HC) IS FILED UNDER ARTICLE 226 OF
CONSTITUTION OF INDIA, BY THE PETITIONER, WHEREIN PRAYS TO
DIRECT THE RESPONDENT NO.4 TO SECURE THE PRODUCE THE
PETITIONER FROM THE CONFINEMENT OF THE RESPONDENT NO.5
TO 11.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE 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 for the following
reliefs:
Wherefore, it is most humbly prayed that this Hon'ble Court may be pleased to
i. Issue writ in the nature of Habeas Corpus directing the respondent No.5 to 11 to produce the petitioner before this Hon'ble Court for her liberty and release;
ii. Issue a writ directing respondent No.4 to secure the petitioner and produce before this Hon'ble Court;
iii. Issue any other appropriate writ or direction of order as deems fit by this Hon'ble Court, in the interest of justice and equity.
2. Today the alleged detenue appeared before us.
We have interacted with her as well as her mother,
NC: 2024:KHC:43123-DB
respondent No.6, who is present before us. Having
interacted extensively with the petitioner and respondent
No.6, we have noticed that the petitioner is specifically
stating that she is not in illegal detention and the writ
petition has been filed on the basis of certain
apprehensions that she had in her mind with regard to the
marriage, which was fixed by her family members.
3. In that view of the matter, since the petitioner,
who is aged 25 years and is an employed girl informs us
that she is not under any illegal detention and the issues
have been sorted out with her family, the writ petition is
closed, recording that the petitioner is not under any
illegal detention and is free to take any decision about her
life on her own.
Sd/-
(ANU SIVARAMAN) JUDGE
Sd/-
(UMESH M ADIGA) JUDGE
AG
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