Preventive detention under the Goondas Act is justified when the detaining authority's subjective satisfaction regarding public order disturbances is met, despite challenge on procedural grounds.

JUDGMENT :

K.MANMADHA RAO, J.

This Writ Petition (Habeas Corpus) is filed by mother of the detenue by name Bharat Kumar N @ Gudde Bharat @ B K S/o Nagaraj aged about 25 years (for short 'detenue') challenging the order of detention passed by the respondents and also prayed to quash them. Petitioner has prayed for following reliefs:

a. To quash the impugned detention order bearing No. 04/CRM\[4]/DTN/2025 passed by respondent No.2 dated 16.01.2025 vide Annexure A.

b. To quash the order of confirmation bearing HD26SST2025 passed by respondent No.1 dated 22.01.2025 vide Annexure- D and order bearing HD26SST2025 dated 13.02.2025 vide Annexure-F.

2. Brief facts of the case are that the detenue being a habitual offender was involved in serious criminal cases such as attempted murder, extortion, assault, kidnapping, threat to life, racketeering, rape, child sexual abuse (POCSO), sale of drugs since 2016 by forming a group of criminal associates and engaging in illegal activities, violating bail conditions after being released on bail. Being a nuisance to law and order, despite being prosecuted in the criminal cases in which he was involved, he continued to engage in illegal activities, made a habit of committing criminal acts, and continued to commit criminal acts repeatedly. The order of arrest issued on 16.01.2025 is sought to be confirmed under Section 3 (3) of the said Act. 02 cases in Hanumantanagar police station of Bangalore city, 02 cases in Kempegowdanagar police station, 01 case in Basavanagudi police station, V.V. Puram police station, 01 case in Basaveshwarnagar police station, 01 case in Byatarayanapura police station and 01 case in Maddur Police station of Mandya district, in total 09 cases have been registered.

(i) The Hanumantha Nagar Police registered a case in Crime No: 237/2016 for the offences punishable under sections 143, 147, 324, 326, 504 read with 149 of IPC which came to be acquitted.

(ii) The Maddur police registered a case in Crime No: 165/2018 the offences punishable under section 397 and Investigation is completed, Charge Sheet is filed and same is pending before the Addl Civil Judge & JMFC At Maddur in C.C. No:2639/2020.

(iii) The Kempegowda Nagar Police registered a case in Crime No: 02/2021 for the offences punishable under sections 307 R/W 34 of IPC and Investigation is completed, Charge Sheet is filed and same is pending before the City Civil and Sessions Judge at Bangalore [CCH- 61] in S.C. No: 1465/2024.

(iv) The Basavanagudi Police registered a case in Crime No: 157/2021 for the offences punishable under sections 307 120[B] R/W 149 of IPC & 25-1[B] [B] Arms Act and Investigation is completed, Charge Sheet is filed and same is pending before the II ACMM at Bangalore in C.C. No: 22435/2021.

(v) The Kempegowda Nagar Police registered a case in Crime No: 139/2021 for the offences punishable under section 229[A] of IPC and Investigation is completed, Charge Sheet is filed and same is pending before the 24 ACMM at Bangalore in C.C. No: 33705/2022, which came to be closed after imposing fine of Rs 2,000/-to the detenu.

(vi) The V.V. Puram Nagar Police registered a case in Crime No: 04/2022 for the offences punishable under section 20 NDPS Act & 25[1] [B] Arms Act and Investigation is completed, Charge Sheet is filed and same is pending before the City Civil and Sessions Judge at Bangalore [CCH-33] in Spl C.C. No: 1774/2023.

(vii) The Basaveshwara Nagar Police registered a case in Crime No: 248/2023 for the offences punishable under section 4, 6, 8 PASCO Act & 376 IPC and Investigation is completed, Charge Sheet is file