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2006 Supreme(Kar) 1019

Karnataka High Court
C.SHIVA - Appellant
Versus
STATE OF KARNATAKA - Respondent
Decided On : 12-22-06
Writ Petition No. 122 of 2005 (HC).

Advocates:
Sri G. Balakrishna Shastry,Sri S. Doreraju,Sri Naveen for Sri A. Nagarajappa

Headnote:Jurisdiction of Suspecion - Missing persons - Complaint as to - Invistigation - Suggestion given for speedy disposal of.

       Hebeas Corpus - Missing persons - Complaint as to - Invistigation - Suggestion given for speedy disposal of.

       Constitution of India -Articles 226 and 227 - Hebeas Corpus - Missing persons - Speedy investigation and disposal - Suggestions - Affidavit filed by police authority regarding steps taken - Accepted.

ORDER

Our judicial conscious was shocked to learn the factum of 400 missing persons being reported every month in the limits of Bangalore City alone. Hence we thought of taking this matter seriously to arrest this trend of increasing missing cases in the case on hand.

Bangalore city is growing leaps and bounds on account of industrialisation and in particular attaining a significant place in IT sector in India. Commercialisation has its own ill effect on the social fabric of a city. Greediness and fast money has resulted in several illegal activities in the city causing a threat to the law and order situation. Abduction, missing and other social crimes have increased due to the greediness of a man. This case would be an eye opener for the authorities to speed up their investigation in the larger interest of safety of a man in a busy city like Bangalore. Technology has shown its impact on every activity of a man. Technological development has yielded good results in several sectors. Investigation by police also is to be toned up so that the missing persons could be traced and handed over to their grieving parents/husbands/relatives.

2. Noticing large number of missing cases and noticing the relevance of Information Technology in investigation we in this case sought for several details, from several authorities in the larger interest of liberty/safety of a citizen in a city like Bangalore.

3. This petition is filed by one Sri Shiva, seeking for a direction to produce Smt. Savithramma wife of fifth respondent in this Court. In the petition it is stated that the petitioner is the elder brother of Savithramma. She was married to fifth respondent in accordance with the Hindu rites on 19-10-2000. At the time of marriage, 150 gms. of gold and Rs. 30,000/- was given to the bridegroom. A girl was born out of the wed lock. According to the petition averments, she was looked after well for a period of one year and thereafter ill-treatment started to Snit. Savithramma, at the hands of the in-laws. According to petition averments, her husband used to beat her and used to send her to her parental house to bring dowry. His demands were met to a certain extent. Parents of the petitioner, requested the daughter to obey her in-laws and adjust with the existing atmosphere. It is further stated that she was forcibly got aborted by the fifth respondent and thereafter she was compelled to take rat poison. In those circumstances, she was brought back to the parental house and she was treated. Thereafter in June 2005, she was sent back to her husband. On 27-6-2005 six respondents came to the place of the petitioner and mentioned that Smt. Savithramma is missing and her whereabouts were not known. A missing complaint was filed. Despite best efforts by the petitioner, they did not get any result ultimately, FIR was also registered against respondents 5 and 6 before the appropriate form. Petitioner being the brother apprehends that his sister may be put to physical harm and apprehending further problem he has moved this Court by way of writ petition. Notice was issued by this Court and thereafter status report was sought for. Respondents 5 and 6 took time to file statement of objections. Time sought for was granted. Thereafter matter was again listed on 10-2-2006 and we directed the police to act swiftly and take appropriate action. Matter was adjourned from time to time thereafter.

4. Pursuant to a notice respondents 2 to 6 appeared before us through their Counsel. They denied the allegations made against them and they have also stated that they have appeared before the Criminal Court and that they were released on bail.

5. On 7-3-2006, this Court directed the Assistant Director of Forensic Science Laboratory to get the Narco-analysis test of Sri Ram Prasad done within seven days. Thereafter on 29-5-2006, we noticed the earlier order and also noticed the delay in the matter of conducting the narco-analysis test. We were told by the learned State Public

















































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