Petitioner filed Habeas Corpus petition seeking production and release of two detenues. Respondents submitted detenus were lawfully apprehended for theft, produced before Magistrate, and in lawful custody. Court held petition infructuous.
No relief granted. Petition dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 4TH DAY OF MARCH 2020
PRESENT
THE HON’BLE MR.JUSTICE B.A.PATIL
AND
THE HON’BLE MR.JUSTICE M.I.ARUN
WPHC NO.100005 OF 2020
BETWEEN
SMT.SUDHA W/O.MADHUKAR JAMAKHANDI, AGE: 30 YEARS, OCC: HOUSEHOLD WORK, R/O: GANGADHAR NAGAR, SETTLEMENT, HUBBALLI-580 030, DIST.: DHARWAD.
... PETITIONER
(BY SHRI R.B. CONTRACTOR, ADVOCATE)
AND
... RESPONDENTS
(BY SRI.V.M. BANAKAR, ADDL. SPP & SRI.R.RAVINDRANATH, HCGP)
: 2 :
THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING THIS HON'BLE COURT TO DIRECT THE RESPONDENTS TO PRODUCE THE DETENUES MADHUKAR S/O.SHYAM JAMKHANDI @ BESTAR AND MADHU S/O.RAJU KITTUR, BEFORE THIS HON'BLE COURT AND THEY MAY BE SET AT LIBERTY AND OTHER RELIEFS AS DEEMED FIT BY THIS HON’BLE COURT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, B.A.PATIL J., MADE THE FOLLOWING:
ORDER
: 3 :
apprehended by the Police on 03.03.2020 for having committed theft of Rs.20,000/- and a case has been registered in Crime No.36/2020 by Hunagund P.S. for the offence punishable under Section 379 of IPC and immediately they have been produced before the jurisdictional Magistrate with remand application.
SD/JUDGE
SD/JUDGE
Vnp*
1 issue framed by the court
Whether a writ of Habeas Corpus is maintainable when the detenues are in lawful custody and produced before a Magistrate.
Smt. Sudha W/o. Madhukar Jamakhandi
The State of Karnataka
The Police Sub-Inspector, Hunagund
B.A. Patil
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
