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2025 DAILYLAW 41331 (KAR)

SMT ANTHONY SHIRL YNA S v. THE DEPUTY COMMISSIONER OF POLICE (EAST)

WPHC/76/2025 · 2025-07-17

Anu Sivaraman, K Manmadha Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:26770-DB WPHC No. 76 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION (HABEAS CORPUS) NO.76 OF 2025 BETWEEN: SMT. ANTHONY SHIRL YNA S W/O K KIRAN AGED ABOUT 33 YEARS R/AT P C KRISHNA NO. 2009 ASHA TOWNSHIP, DODDAGUBBI 14TH B CROSS NEXT TO BRITS CLUB BENGALURU NORTH- 77 …PETITIONER (BY SRI. SUYOG HERELE E., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER OF POLICE (EAST) BENGALURU CITY BENGALURU 01 2. THE ASST. COMMISSIONER OF POLICE BENGALURU EAST DIVISION BENGALURU 01 3. THE STATION HOUSE OFFICER BHARATHI NAGAR PS FRAZER TOWN , ST. JOHNS CHURCH ROAD Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26770-DB WPHC No. 76 of 2025 BENGALURU 05 4. THE STATION HOUSE OFFICER PULIKESHINAGAR TOWN PS LAZAR ROAD, COXTOWN FRAZER TOWN BENGALURU 05 5. SRI DEVARAJ DEPUTY COMMISSIONER OF POLICE (EAST) NEAR SAVINDHANA CIRCLE YESHWANTHPURA BENGALURU - 05 …RESPONDENTS (BY SRI.B.A.BELLIAPPA SPP-1 A/W SRI P.THEJESH, HCGP) THIS WRIT PETITION (HABEAS CORPUS) IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF HABEAS CORPUS AGAINST THE RESPONDENT POLICE AND DIRECT THEM TO PRODUCE THEM TO PRODUCE THE HUSBAND OF THE PETITIONER I.E., MR.K.KIRAN BEFORE THIS HON'BLE COURT AND DIRECT THE RESPONDENT TO RELEASE HIM FORTHWITH. THIS WRIT PETITION (HABEAS CORPUS), COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO - 3 - HC-KAR NC: 2025:KHC:26770-DB WPHC No. 76 of 2025 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This writ petition is filed seeking a writ of habeas corpus by the wife of the alleged detenue on the ground that her husband had been summoned to the police station and had gone to the police station around 3.00 to 3.30 am on 16.07.2025 pursuant to an enquiry made by the police and that he is not heard of since then. 2. It is submitted that an FIR has reportedly been registered as against the detenue, but he has not been produced before the Magistrate and that none of the formalities that are required to be followed have been observed in the arrest of the detenue. It is submitted that the detenue has not been permitted to contact his family members and Advocates and that he has also not produced before the Magistrate. 3. Learned Special Public Prosecutor appearing for the respondent- State to whom copy of the writ petition was served submits that there is an FIR registered as against Sri K. Kiran as Crime No.73/2025, Bharathi Nagar police station, and that the said K. Kiran has been arrested in connection with the said - 4 - HC-KAR NC: 2025:KHC:26770-DB WPHC No. 76 of 2025 crime. It is submitted that all the formalities with regard to the arrest are being complied with and that the said person is being produced before the Magistrate within the time provided by law. 4. In the above view of the matter, there will be a direction to the respondents to conduct themselves strictly in accordance with the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 and to produce the alleged detenue before the learned Magistrate in accordance with law. 5. Accordingly, the petition stands disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE PN List No.: 3 Sl No.: 1