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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY 2022
PRESENT
THE HON’BLE MR. JUSTICE ALOK ARADHE
AND
THE HON’BLE MR. JUSTICE M.I. ARUN
W.P.H.C. NO.3 OF 2022
BETWEEN:
1. SRI. K.S. NATARAJ
S/O K.N. SREEKANTAIAH
AGED ABOUT 65 YEARS
R/AT NO.84, "SRINIKETHANA"
1ST MAIN ROAD, VITTAL NAGAR
NEAR ISRO LAYOUT
BENGALURU 560 111.
2. SHRI. K.S. SURESH
S/O K.N. SREEKANTAIAH
AGED ABOUT 62 YEARS
R/AT NO.317, NANDI SHELTER
'C' BLOCK
JAYANGARA HOUSING BOARD SOCEITY
TURAHALLY, BENGALURU 560 061
.... PETITIONERS
(BY MR. MURALIDHAR S.R. ADV.,)
AND:
1.
B.K. VALLABHA
S/O LATE B. KRISHNAMURTHY
AGED ABOUT 75 YEARS
R/AT NO.638, SRI HARI
7TH MAIN ROAD
ISRO LAYOUT, BENGALURU 560 111.
2.
B.K. LAKSHMIKANTHA
S/O LATE B. KRISHNAMURTHY
2
AGED ABOUT 68 YEARS
R/AT NO.55, OPP. GOVT SCHOOL
VAISHNAVA DEVI FARM
CHUNCHANAGUPPA POST
RAMOHALLI
TAVAREKERE HOBLI
RAMANGARA DIST
KARNATAKA.
3.
B.K. SATHYANARAYANA
S/O LATE B. KRISHNAMURTHY
AGED ABOUT 64 YEARS
R/AT NO. C/O 638, SRI HARI
7TH MAIN ROAD
ISRO LAYOUT, BENGALURU 560 111.
4.
B.K. RAJAGOPALA
S/O LATE B. KRISHNAMURTHY
AGED ABOUT 60 YEARS
R/AT NO. C/O 638 SRI HARI
7TH MAIN ROAD, ISRO LAYOUT
BENGALURU 560 111.
5.
THE ADDITIONAL CHIEF SECRETARY
HEALTH AND FAMILY WELFARE
GOVERNMENT OF KARNATAKA
BENGALURU 560 001.
6.
THE DIRECTOR
NATIONAL INSTITUTE OF MENTAL HEALTH
AND NEURO SCIENCES
HOSUR ROAD
NEAR BANGALORE MILK DIARY
HOMBEGOWDA NAGAR
BENGALURU 560 029.
7.
THE COMMISSIONER OF POLICE
ASKARI ALI ROAD
BENGALURU 560 001.
8.
THE INSPECTOR OF POLICE
SUBRAMANYAPURA POLICE STATION
SUBRAMANYAPURA
3
BENGALURU 560 070.
9.
SRI. C.R. SRINIVAS
SUB INSPECTOR OF POLICE
SUBRAMANYAPURA POLICE STATION
SUBRAMANYAPURA
BENGALURU 560 070.
10. STATE OF KARNATAKA
REPRESENTED BY THE SECRETARY
DEPARTMENT OF HOME
VIDHANA SOUDHA
BENGALURU - 560001.
... RESPONDENTS
(BY MR. THEJESH P, HCGP)
- - -
THIS WPHC IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO PASS AN APPROPRIATE
ORDER. DIRECTING THE RESPONDENT NO.7 TO 9 TO RELEASE
THE VICTIM INSANE PERSONS SHRI. NAGENDRA B.V. AND SMT.
SANDHYA NAGASHRI B.V. FROM THE ILLEGAL CUSTODY OF THE
RESPONDENT NO.1 TO 4 TO PRODUCE THEM BEFORE THIS
HON'BLE COURT. DIRECTING THE RESPONDENT NO.5 TO TAKE
THE
CUSTODY
OF
THE
VICTIM
INSANE
PERSONS
SHRI.
NAGENDRA B.V. AND SMT. SANDHYA NAGASHRI B.V. AND HAND
OVER THEM TO THE RESPONDENT NO.6 FOR THE TREATMENT OF
THEIR MENTAL ILLNESS.
THIS WPHC COMING ON FOR HEARING, THIS DAY,
ALOK ARADHE J., MADE THE FOLLOWING:
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Mr.Thejesh P., learned High Court Government Pleader
for the State respondents.
This petition has been filed seeking a writ of Habeas
Corpus for production of Smt.Sandhya Nagashree B.V. and
Sri.Nagendra B.V.
2. When the matter was taken up today, learned High
Court Government Pleader has produced Smt.Sandhya
Nagashree B.V. and Sri.Nagendra B.V. Admittedly, both the
aforesaid persons suffer from mental infirmity. Respondent
No.2
namely
B.K.Lakshmikantha
who
is
related
to
Smt.Sandhya Nagashree B.V. and Sri.Nagendra B.V. as
uncle, is also present.
3. It is stated by him that Smt.Sandhya Nagashree
B.V. and Sri.Nagendra B.V. were residing with their mother
Smt.Mythreyi who expired on 13.11.2021. It is also stated
that the aforesaid persons were unable to take care of
themselves as they are mentally infirm. Therefore, the
respondent No.2 who is their uncle has brought them to his
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home and presently they are residing in his house and are
being treated for the illness suffered by them.
4. When a query was put to the learned counsel for the
petitioners whether the petitioners are ready and willing to
take care of the aforesaid persons, learned counsel for the
petitioners stated that the petitioners are not ready and
willing to take care of aforesaid persons.
5. From the aforementioned facts, it is evident that
Smt.Sandhya Nagashree B.V. and Sri.Nagendra B.V. are not
under detention or illegal custody of respondent No.2.
Therefore, we do not find any ground to entertain the writ
petition. However, liberty is reserved to the petitioners to
take action in accordance with law in respect of their
grievance, if any.
With the aforesaid liberty, the petition is disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
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