The duty of the police to protect the life of individuals and carry out impartial and thorough investigations in cases of alleged danger to life.

Raghvendra S. Chauhan, J.

1. Mr. Narotham Sharma, the petitioner, has filed this Habeas Corpus petition interalia on the ground that his aunt, Mrs. Susheela Sharma, is missing from her house from 05.02.2018. When he went to her house, he was told by her neighbour that Mrs. Susheela Sharma's daughter, Mrs. Sunitha Sharma, had taken her mother, against the wishes of the mother, to a hospital. Subsequently, her whereabouts are unknown.

2. By order dated 14.02.2018, this Court had issued notice to respondent Nos.1 to 4. On 16.02.2018, the police personnel from the Amruthahalli Police Station had produced Mrs. Susheela Sharma before this Court.

3. Mrs. Susheela Sharma informed this Court that she was forcibly taken by her daughter to a hospital under the plea that she is suffering from mental illness. It appeared to this Court that Mrs. Susheela Sharma is emotionally disturbed and facing a psychological crisis because of the harassment given to her by her own daughter. Therefore, this Court felt it proper to secure a report from the experts in NIMHANS, regarding her physical, mental and emotional condition. Thus, this Court directed the Inspector of Police, Amruthahalli Police Station to contact the Director of NIMHANS, and further directed the concerned specialist to submit his/her report with regard to Mrs. Susheela Sharma's mental and emotional condition. Since Mrs. Susheela Sharma expressed her fear and anxiety that her personal safety may be at risk, this Court further directed the police to ensure that she is under proper care and security till the next date of hearing.

4. This case was listed on 28.02.2018. Initially this Court heard the plight of Mrs. Susheela Sharma in the Court Hall. But, eventually, this court felt that it would be in the interest of justice to speak to her, and to the petitioner, in the privacy of the Chamber. Therefore, this Court directed the parties and the learned counsel for the parties to appear in the Chamber.

5. This Court has extensively spoken to Mrs. Sharma in the Chamber. She informed this Court that originally she is from Jaipur where she was married of by her parents. However, after giving birth to two children, a son and a daughter, the husband left her. In order to bring up the two children, she has to fend for herself. She shifted to Bengaluru about three decades ago. During this period, she has not only earned a huge amount of money from her business in real estate, but has also bought properties, both in and around Bengaluru, in her own name. Unfortunately, during this period, she lost her son. Thus, she has only her own daughter to depend upon. Despite the bonding that should be prevalent between a mother and a daughter, according to Mrs. Susheela Sharma, it is her own daughter who is trying to grab her properties, and her monies, through illegal means. Her daughter is assisted by one Mr. Karim who has been threatening Mrs. Susheela Sharma. According to her, it is her daughter and Mr. Karim who had kidnapped her from her house, taken her to a hospital, and had even bribed the hospital doctors to declare her as insane. She further stated that already two of her properties have been transferred in the name of her daughter and Mr. Karim, without her consent. Therefore, she is of the view that her life is in danger.

6. On the said date, Mr. Narotham Sharma could not appear in the Chamber hearing as he had suddenly felt uneasy and ill. Therefore, the case was directed to be listed on the next date, namely 01.03.2018.

7. On 01.03.2018, this Court spoke to Mr. Narotham Sharma, the petitioner, in the Chamber. He has corroborated the statement made by Mrs. Susheela Sharma on 28.02.2018. According to him, Mrs. Susheela Sharma's daughter has plotted with Mr. Karim, and his associates, in order to deprive Mrs. Susheela Sharma of her properties and her monies. According to him, it is they who had kidnapped Mrs. Susheela Sharma. Furthermore, according to him, when he went to the Police Station,