Preventive detention must balance individual liberty with public safety, and courts uphold the subjective satisfaction of authorities unless grossly unsupported by evidence.

ORDER :

T.M.NADAF, J.

Smt.Priyadarshini, wife of the detenue namely, Rajesh @Motte, is before this Court seeking Writ of Habeas Corpus in the following manner :

“Wherefore, it is most humbly and respectfully prayed that this Hon'ble Court may be pleased to:

a. Issue a writ of habeas corpus declaring the detention of Rajesh @ Motte, son of Late Subramani illegal and set him at liberty forthwith after quashing the order bearing reference No.05/CRM(4)/DTN/2025 dated 29/01/2025 (Annexure "A") passed by the 1 Respondent under Section 3(1) of the Goonda Act, the order bearing reference number HD 54 SST 2025 dated 04/02/2025 (Annexure "B") passed by the 2nd Respondent under Section 3(3) of the Goonda Act and order bearing reference number HD 54 SST 2025 dated 06/03/2025 (Annexure "C") passed by the 2nd Respondent under Section13 of the Goonda Act;

b. Call for the records bearing reference number05/CRM(4)/DTN/2025 dated 29/01/2025 (Annexure "A") from the Respondents;

c. Pass any order that this Hon'ble Court may deem fit in the interest of justice.”

2. FACTS OF THE CASE:-

Succinctly stated facts of the case are, it is alleged by the respondents that the husband of the petitioner namely, Rajesh @ Motte is indulged in antisocial and criminal activities and became a nuisance to the public order by committing offences endangering the human body and also property ever since 2018. According to them, the detenue started his illegal activities since his childhood and continued the same. He is involved in 12 cases including heinous crimes under different Police Stations in Bengaluru city. The activities of the detenue are adversely affecting the public order and inspite of sufficient opportunities provided by the Courts so also the respondent authority to correct and reform his actions, he is reluctant in his behavior and became more aggressive and continuing his activities affecting the public order which made the police to open ‘A’ category Rowdy Sheeter in K.G.Nagar police station on 13.12.2023, in proceedings No.CC/300/ACP-05/2023. Despite on bail, in the criminal cases initiated against him, the detenue indulged in threatening the witnesses thereby, hampering the administration of justice. The authorities having left with no other alternative had to detain the detenue under the provisions of Sections 3 (1) and (2) of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders, Slum-Grabbers and Video or Audio Pirates Act, 1985 (Act 12 of 1985) (Goonda Act) (hereinafter referred as ‘Act, 1985’, for short), to prevent the detenue from acting in any manner prejudicial to the maintenance of public order in the society. As the detenue had indulged in continuous crimes and is a threat to the society, his preventive detention is necessitated to guarantee the constitutional rights of the other citizens.

3. The details of cases against the detenue are extracted for easy and immediate reference in the following manner: