Point of law : If for any reason, the detenue has to be released temporary, it is always open for him to approach the State Government to get the release order subject to conditions prescribed under Section 15 of Goonda Act. Said provision enables the State Government to temporarily release a detenue and it is in the competence of the Government to grant such prayer and there is no provision under the Act to grant interim bail.

ORDER :

1. This writ petition is directed against the order of detention dated 19.04.2021 (Annexure-A) and its confirmation thereof dated 29.04.2021 (Annexure-C) passed by respondent Nos. 3 and 1 respectively.

2. This writ petition came to be filed on 04.05.2021 and was listed for ‘Orders’ on 05.05.2021. On the said date, the High Court Government Pleader (for short ‘HCGP’) accepted notice for respondents. Coordinate Bench heard the learned Senior Counsel appearing for petitioner and an interim order came to be passed as under:

“In view of aforesaid facts and circumstances of the case and in the light of the material on record and the decisions relied upon by the petitioner, we are of the considered opinion that pending decision in this petition, the impugned order of the detention dated 19.04.2021 at Annexure-A and the impugned order of confirmation dated 29.04.2021 at Annexure-C deserve to be stayed and the detenue Sri.Hariraj Shetty is to be directed to be released forthwith by the respondents, subject to the condition that he shall not indulge in any activities which are prohibited under said Act of 1985 henceforth or any other illegal activities and shall not leave the jurisdiction of respondent No. 3 - Police Authorities.”

3. Pursuant to above direction, detenue came to be released on 06.05.2021. An application under Section 151 CPC has been moved by the State on 27.05.2021 for vacating the interim order dated 05.05.2021, for the reasons assigned therein. On the same day, statement of objections to the writ petition has also been filed.

4. Though, Sri. V.S. Hegde, learned Special Public Prosecutor-II (for short SPP-II) initially insisted for application for vacating the stay being taken up, later agreed for the writ petition itself being disposed of, since learned Senior Counsel appearing for the petitioner also agreed for the said proposition. Hence, we have heard the arguments of learned Advocates appearing for the parties namely, Sri. Ravi B. Naik, learned Senior Counsel appearing for the petitioner and Sri. V.S. Hegde, learned SPP-II appearing for the respondents-State. Learned SPP-II was directed to produce the original records and same has been tendered. We have perused the entire original records.

BRIEF BACKGROUND OF THE CASE:

5. The Assistant Commissioner of Police, CCB, Special Enquiry, submitted a representation to third respondent requesting for passing an order of detention against the petitioner's husband under The Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video and Audio Pirates Act, 1985 (for short ‘Goonda Act’). Third respondent passed an order of detention on 19.04.2021 under the Goonda Act after opining that detenue with an intention of gaining money illegally, has indulged in conducting gambling dens and incited general public to involve in gambling activities, which is prohibited under law and as a result of it, innocent people of the Society had indulged in gambling and lost their money, properties and their families. It is also held thereunder the activities of detenue revealed that there are number of instances disclosing that he had been instrumental in causing financial loss to the general public. In sum and substance, it came to be held by the detaining authority that activities of the detenue is detrimental to the interest of the Society at large. Hence, third respondent after deriving subjective satisfaction, passed the order of detention on 19.04.2021 (Annexure-A).

6. The detenue was secured on 20.04.2021 from his residence and after being informed about the order of detention passed against him, he was brought to the Central Crime Branch - CCB and arrested. The order of detention along with grounds of detention and documents relied upon came to be served on the detenue. In token of having received the same, detenue has acknowledged the same. The counsel for detenue was also intimated about the arrest o