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2025 DAILYLAW 18828 (KAR)

KAVYA L v. THE SECRETARY

WPHC/18/2025 · 2025-02-28

Anu Sivaraman, Vijaykumar A Patil

body2025

Judgment text

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- 1 - NC: 2025:KHC:8786-DB W.P.H.C. No.18/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL W.P.H.C. NO.18/2025 BETWEEN: KAVYA .L D/O LAKSHMANAN V AGED ABOUT 26 YEARS R/AT. NO.84, NEAR PETROL BUNK GOUTHAM NAGAR, SULIKUNTE COLONY BANGALORE 562125. [SINCE THE HUSBAND OF THE PETITIONER/DETENU BY THE NAME SHIVA KUAMR N HAS BEEN DETAINED ILLEGALLY BY THE RESPONDENT POLICE THIS PETITION IS REPRESENTED BY HIS WIFE] …PETITIONER (BY SRI. RAM SINGH K, ADV.,) AND: 1. THE SECRETARY GOVERNMENT OF KARNATAKA HOME DEPARTMETN VIDHANA SOUDHA, BANGALORE 01. 2. DIRECTOR GENERAL OF POLICE CHIEF OFFICE NRUPATHUNGA ROAD, BANGALORE 01. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8786-DB W.P.H.C. No.18/2025 3. STATION HOUSE OFFICER VARTHUR POLICE STATION VARTHUR MAIN ROAD, VARTHUR BANGALORE RURAL DISTRICT BANGALORE 560087. …RESPONDENTS (BY SRI. B.A. BELLIAPPA, SPP-I A/W SRI. M.V. ANOOP KUMAR, HCGP) THIS WPHC IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF HABEAS CORPUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION COMMANDING THE RESPONDENTS FOR PRODUCTION OF THE BODY OF THE HUSBAND OF THE PETITIONER - SHIVA KUMAR N. BEFORE THIS HON'BLE COURT AND SET HIM AT LIBERTY FROM THE ILLEGAL DETENTION & ETC. 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 ORAL ORDER (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This petition is filed seeking the following prayer: "a. Issue a writ in the nature of habeas corpus or any other appropriate writ or direction commanding the respondents for production of the body of the husband of the petitioner - Shiva Kumar N before this Hon'ble court and set him at liberty from the illegal detention. - 3 - NC: 2025:KHC:8786-DB W.P.H.C. No.18/2025 b. To pass any such order as this Hon'ble Court deems fit in the circumstances of the case in the interest of justice and Equity." 2. Learned SPP-I, who accepts notice on behalf of the respondents-State, submits that the alleged detenue has been arrested by the respondent No.3 Police in Crime No.77/2025 on 24.02.2025 and the jurisdictional Court has remanded him to judicial custody. 3. In view of the said fact, the present Writ Petition (Habeas Corpus) is not maintainable, hence, the same is accordingly disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 2 Sl No.: 2