Dismissed

Sri. Siddalingaswamy. T. M. v. the State of Karnataka by

Karnataka HC20 Mar 2023WPHC/2/2023

Case brief

AI extract

What is this about?

Petitioner filed writ for habeas corpus to trace his missing sister. Police respondents stated interrogation revealed no leads. Court disposed of writ without keeping it pending, granting liberty for police to submit final investigation report to magistrate.

What did the court decide?

Petition disposed of with liberty to respondents to complete investigation and submit final report to jurisdictional Magistrate.

Sri. Siddalingaswamy. T. M. Vs the… — Constitutional and Fundamental Rights | Karnataka HC (2023)

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WPHC No. 2 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF MARCH, 2023

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PRESENT

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THE HON'BLE MR JUSTICE ALOK ARADHE

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AND

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THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL

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W.P.H.C.NO.2 OF 2023

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BETWEEN:

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SRI. SIDDALINGASWAMY. T. M. S/O LATE MUDDASANGAIHA AGED ABOUT 47 YEARS R/AT THAMMADIHALLI VILLAGE GULURU HOBI - 572 118 TUMAKURU TALUK TUMAKURU DISTRICT

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…PETITIONER

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(BY SRI. T GOVINDA RAJA, ADVOCATE - ABSENT)

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AND:

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Digitally signed by VALLI M 1. THE STATE OF KARNATAKA BY DOBBESPET POLICE Location: High Court of DOBBESPET - 562 111 Karnataka NELAMANGALA TALUK BENGALURU RURAL DISTRICT

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THE SUPERINTENDENT OF POLICE BENGALURU RURAL DISTRICT BENGALURU 560 001

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THE SUPERINTENDENT OF POLICE TUMAKURU DISTRICT TUMAKURU - 572 102

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WPHC No. 2 of 2023

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SRI PREMAKUMAR S/O CHANNABASAPPA AGED ABOUT 40 YEARS RESIDING AT HONNAMMA LAYOUT DOBBESPET - 562 111 NELAMANGALA TALUK BENGALURU RURAL DISTRICT

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T.V. SHADAKSHARI S/O VEERASANGAIAH AGED ABOUT 43 YEARS RESIDING AT RADHAKRISHNA NAGARA HARTHI VILLAGE AND HOBLI - 582 103 GADAG TALUK, GADAG DISTRICT

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…RESPONDENTS

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(BY SRI. V.S.HEGDE, SPP-2 A/W SRI. THEJESH P, HCGP FOR R1-R3; R5 SERVED)

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THIS WP(HC) IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, BY THE PETITIONER, WHEREIN SHE PRAYS THAT THE HON'BLE COURT MAY BE PLEASED TO a) DIRECT THE RESPONDENT NOS.1 TO 3 TO TRACE THE SAID SUJATHAMMA W/O BASAVEGOWDA BY PRODUCING BEFORE THE COURT FOR HANDING OVER HER TO THE CUSTODY OF THE PETITIONER OR TO THE HUSBAND OF SUJATHAMMA NAMELY BASAVEGOWDA IN CONNECTION WITH THE CASE IN CR.NO.0239/2022 OF THE DOBBESPET POLICE, NELAMANGALA CIRCLE, BENGALURU RURAL DISTRICT, DATED 18.11.2022, IN ANNEXURE-D; b) ISSUE WRIT OF HABEAS CORPUS OR SUCH OTHER WRIT OR ORDER AS THE HON'BLE COURT MAY DEEM FIT TO GRANT UNDER THE CIRCUMSTANCES OF THE CASE; c) ALLOW THE WRIT PETITION IN FAVOUR OF THE PETITIONER WITH COSTS IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ALOK ARADHE J., MADE THE FOLLOWING:

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WPHC No. 2 of 2023

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ORDER

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None for the petitioner even when the matter is called in the second round.

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Sri.V.S.Hegde, learned SPP-2 along with

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Sri.Thejesh P., learned HCGP for respondent Nos.1 to 3.

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None for respondent No.5.

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This petition has been filed by the petitioner seeking

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writ of Habeas Corpus to trace Sujathamma, namely, his sister, who is aged about 50 years. In the writ petition, it is stated that the sister of the petitioner, namely, Sujathamma had visited respondent Nos.4 and 5.

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Respondent Nos.1 to 3 have filed the status

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report in which it has been stated that they have interrogated respondent Nos.4 and 5, who have no idea about the whereabouts of the missing sister. Respondent No.4, who is present in person before us, has also made similar statement.

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In the aforesaid circumstances, no useful purpose would be served by keeping the writ petition

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WPHC No. 2 of 2023

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pending. Accordingly, the same is disposed of with liberty to respondent Nos.1 to 3 to complete the investigation and

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submit the final report before the jurisdictional Magistrate.

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Accordingly, the petition is disposed of.

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Sd/JUDGE

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Sd/JUDGE

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MDS List No.: 1 Sl No.: 9

Sri. Siddalingaswamy. T. M. v. the State of Karnataka by

Case brief

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Sri. Siddalingaswamy. T. M. v. the State of Karnataka by

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