( 1 ) IN this petition under Art. 226 of the Constitution of India, the petitioner has sought for issue of a writ in the nature of Habeas Corpus to the respondents to set at liberty the person by name A. Shaik Ahmed, who according to the petitioner is illegally detained by the respondents. Alternatively, she has also prayed for such other order as deemed fit in the circumstances of the case may be passed.

( 2 ) THE facts necessary for the purpose of deciding the contentions raised on both sides are as follows;2. 1. On 7-10-1990 a complaint was lodged by one Sri M. G. Prakash Rao in the Rural Police Station, Davangere under the jurisdiction of Harihar Circle alleging that on 6/10/1990 a person by name Srinivas had been done to death by miscreants and the dead body of the said person was thrown behind Balaji Theatre, Davangere; that the said dead body was taken to the C. G. Hospital (Government Hospital, Davangere) in ambulance; that there were marks of injuries on the dead body of Srinivas. It was also further alleged that Srinivas appeared to have been done to death in the communal riot between Hindus and Muslims by some miscreants. 2. 2. A criminal case was registered on 7-10-1990 in Crime No. 401/90. The first information Report was also submitted to the Judicial Magistrate First Class, Davangere. 2. 3. The investigation of the case was carried on by the Davangere Rural Police upto 14-10-1990. On 14-10-1990 the investigation was handed over to the C. O. D. Police. During the course of investigation the names of 12 accused persons transpired. Accordingly a report was submitted to the court. Out of those 12 accused, accused Nos. 1 to 3 were arrested on 21-12-1990 at Davangere and they were produced before the Judicial Magistrate First Class, Davangere on the same day. No doubt in the counter affidavit dated 31-1-1991 filed by the Sub-Inspector K. S. Ullas of C. O. D. it is stated that he was arrested on 21-11-1990. This appears to be a typographical mistake, whereas in fact accused No. 3 was arrested on 21-12-1990 and was produced before the learned Magistrate on the same day. The learned Magistrate passed an order on 21-12-1990 remanding accused No. 3 to Judicial custody up to 22-12-1990. Again on 22-12-1990, the said accused was produced before the Court. The learned Magistrate remanded him to the judicial custody till 27-12-1990. 2. 4. In the meanwhile, on 22-12-1990, accused No. 3 moved the Court for bail. That application was considered and rejected on 4-1-1991. On the same day accused No. 3 moved the Court of Session Chitradurga, for bail. The learned Sessions Judge by his order dated 14-1-1991 rejected the bail application. It is brought to our notice that accused No. 3 has filed Criminal Petition No. 134/91 for bail in this Court and that petition is yet to be considered. 2. 5. To resume the narration of facts, accused No. 3 was produced again on 27-12-1990 before the Court. The learned Magistrate remanded him to judicial custody up to 4-1-1991. On 4-1-1991 accused No. 3 was again produced before the Court and the learned Magistrate remanded him to judicial custody up to 18-1-1991. 2. 6. On 6-1-1991 accused No. 3 Sri. A. Shaik Ahamed the husband of the petitioner complained of giddiness and vomiting. Therefore, the Superintendent, Sub-Jail, Davangere, got him admitted in the C. G. Hospital, which is a Government Hospital. Since then he has been under the treatment of Dr. M. Rajappa, who is a doctor of Neurology. Accused No. 3 still continues to be in the aforesaid hospital as an inpatient under the treatment of Dr. M. Rajappa. 2. 7. On 18-1-1991 an application was filed for continuing, all the three accused in judicial custody. Accused Nos. 1 and 2 were produced. However, accused No. 3 was not produced, it was specifically stated in the application that accused No. 3 could not be produced as he was in the hospital as an inpatient and undergoing treatment. The Court passed the following order on 18-1-1991. "18-1-1991 St

Click Here to Read the rest of this document