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2025 DAILYLAW 14907 (KAR)

RAMADEVI v. THE HOME SECRETARY

WPHC/11/2025 · 2025-01-31

Anu Sivaraman, Vijaykumar A Patil

body2025

Judgment text

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- 1 - NC: 2025:KHC:4468-DB W.P.H.C. No.11/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL W.P.H.C. NO.11/2025 BETWEEN: 1. RAMADEVI W/O SRINIVASAN AGE 30 YEARS. 2. RAJAMMA W/O SUBRAMANI AGE 65 YEARS. BOTH RESIDING AT NO.127 RAJA GANAPATHI NAGAR HOSUR, KRISHNAGIRI 635 109. …PETITIONERS (BY SRI. NAVEEN B.H. ADV.,) AND: 1. THE HOME SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BANGALORE 560 001. 2. THE SUPERINTENDENT OF POLICE BANGALORE RURAL MILLERS ROAD BANGALORE 560 001. Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4468-DB W.P.H.C. No.11/2025 3. THE DY. SUPERINTENDENT OF POLICE ANEKAL SUB-DIVISION, ANEKAL BANGALORE RURAL DISTRICT 562106. 4. THE CIRCLE INSPECTOR OF POLICE ANEKAL POLICE STATION, ANEKAL BANGALORE RURAL DISTRICT - 562106. …RESPONDENTS (BY SRI. B.A. BELLIAPPA, SPP-I WITH SRI. M.V. ANOOP KUMAR,HCGP FOR R1 TO R4) THIS WPHC IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF HABEAS CORPUS AGAINST THE RESPONDENTS TO TRACE AND PRODUCE THE DETENUE BEFORE THIS HONBLE COURT AND TO SET HIM AT LIBERTY TO MEET THE ENDS OF JUSTICE AND EQUITY. 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 VIJAYKUMAR A. PATIL - 3 - NC: 2025:KHC:4468-DB W.P.H.C. No.11/2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This writ petition is filed by the wife and mother of the alleged detenue seeking prayer to issue writ in the nature of habeas corpus against the respondents to trace and produce the detenue before this Court and set him at liberty. 2. Heard. 3. Learned counsel for the petitioners submits that on 18.01.2025, four unknown persons have visited the house of the petitioners and started assaulting the detenue and took away the detenue. It is further submitted that petitioner No.1 approached jurisdictional police and lodged the complaint, however the police have not taken any action on the said complaint. Hence, the petitioners have filed the petition seeking prayer to secure the detenue before this Court and set him at liberty. - 4 - NC: 2025:KHC:4468-DB W.P.H.C. No.11/2025 4. Per contra, Sri.B.A.Belliappa, learned SPP-I along with learned HCGP representing respondents No.1 to 4 submits that the respondents have filed detailed status report. It is further submitted that the detenue viz., Sri.Srinivasan S/o.Sri.Subramani, is arrested by Bidadi Police in Crime No.396/2024 registered for the offences punishable under Sections 305, 331(3) & 331(4) of Bharatiya Nyaya Sanhita, 2023, and the detenue/accused is in judicial custody. 5. In view of the said submission, the present petition would not survive for consideration. Accordingly, the writ petition (HC) is dismissed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 2 Sl No.: 1