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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF MARCH, 2021

PRESENT

THE HON'BLE Mr. JUSTICE ARAVIND KUMAR

AND

THE HON'BLE Mr. JUSTICE PRADEEP SINGH YERUR

WPHC.No.90 OF 2020

BETWEEN:

GAYATHRI K.

W/O.MR.SOMASHEKAR

AGED ABOUT 27 YEARS

RESIDING AT PLOT NO.17

SECTOR 15, SAI REGENCY

5^TH FLOOR, NO.501 KAMOTHE

KANDESHWAR

NAVI MUMBAI – 410 209

... PETITIONER

(BY SRI ABHINAV RAMANAND FOR

SRI SYED KHAMRUDDIN, ADVOCATES)

AND:

1.

STATE OF KARNATAKA

REP. BY SECRETARY

DEPARTMENT OF HOME

VIDHANA SOUDHA

AMBEDKAR VEEDHI

BENGALURU – 560 001

2.

THE COMMISSIONER OF POLICE

BENGALURU

INFANTRY ROAD

BENGALURU – 560 001

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3.

INSPECTOR OF POLICE

R.T.NAGAR POLICE STATION

BENGALURU – 560 032

…. RESPONDENTS

(BY SRI V.S.HEGDE, SPP-II)

*****

THIS WPHC IS FILED UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF

HABEAS CORPUS TO RESPONDENT NOS.1 TO 3 DIRECTING

THEM TO PRODUCE THE DETENUE, I.E.THE HUSBAND OF THE

PETITIONER BEFORE THIS HON’BLE COURT AND ETC.

THIS PETITION COMING ON FOR ORDERS THIS DAY,

ARAVIND KUMAR J., MADE THE FOLLOWING:

O R D E R

Heard Sri Abhinav Ramanand, learned counsel

appearing for petitioner and learned SPP-II appearing for

State. Perused the records.

2. Petitioner is wife of one Mr.Somashekar and it is

contended in the petition that they are residents of

Mumbai and they have been residing since 2019. It is

further alleged in the writ petition that on the intervening

night of 08.10.2020, Police Officers of third respondent-

Police Station came to the house of petitioner in Mumbai

and under the guise of an investigation brought him

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illegally and detained him and without providing any

information about his whereabouts and as such, she was

forced to come to Bengaluru on 09.10.2020 and search for

her husband. It is also contended that respondent-Police

had detained petitioner’s husband illegally for ten days and

third respondent registered a criminal case in Crime

No.249/2020 against husband of petitioner for the offences

punishable under Sections 406, 408 and 420 of IPC which

proceedings are pending before IV ACMM, Bengaluru and

after being produced before Magistrate on 19.10.2020 i.e.

ten days after being arrested, an application for bail was

moved on 21.10.2020 and bail was granted on 28.10.2020

subject to conditions specified thereunder. The copy of

order granting bail has been produced at Annexure-A. It is

further stated that in compliance of conditions stipulated

under the order granting bail, for the purposes of

investigation, the husband of petitioner was called upon by

third respondent to visit third respondent-Police Station.

On being informed to come to Police Station, on

15.11.2020 he had left his house and went to Police

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Station and thereafter he never returned. Hence, she has

alleged that her husband has been illegally detained by

third respondent and no reasons have been assigned for

illegally detaining her husband. Hence, contending there is

no alternative and efficacious remedy available under law,

petitioner has sought for a writ of habeas corpus being

issued to respondents by directing them to produce the

husband of the petitioner.

3. On notice being issued, respondents were called

upon to file status report. Accordingly, on 18.12.2020, a

status report came to be filed whereunder it is stated that

as per the conditions stipulated in the order dated

28.10.2020 passed by IV ACMM, husband of petitioner was

required to mark his attendance in the Police Station and

accordingly, he had appeared before the third respondent-

Police Station on 01.11.2020 and he had returned back

after marking his attendance. The relevant page of the

attendance book is annexed to the affidavit which is at

Annexure-R1. It is also stated therein that petitioner’s

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husband was supposed to appear on 15.11.2020, but

failed to appear and there has been violation of condit