Disposed

Mr. v. Kamalakannan v State of Karnataka

Karnataka HC4 Jun 2024WPHC/16/2024

Case brief

AI extract

What is this about?

On a habeas corpus petition regarding a missing person where an unidentified dead body was found and suspected to belong to the petitioner's mother, the High Court directed the petitioner to cooperate with police and provide a blood sample for DNA matching to establish identity.

What did the court decide?

The petitioner was directed to cooperate with the police and provide a blood sample for forensic analysis to verify if the unidentified dead body pertains to the missing person; proceedings closed wit

Mr. v. Kamalakannan Vs State of… — Constitutional and Fundamental Rights | Karnataka HC (2024)

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NC: 2024:KHC:18989-DB WPHC No. 16 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF JUNE, 2024

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PRESENT

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THE HON'BLE MR JUSTICE K.SOMASHEKAR

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AND

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THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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WP(HC) NO. 16 OF 2024

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BETWEEN:

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MR. V. KAMALAKANNAN SON OF LATE MR. VENKATESAN AGED 52 YEARS RESIDING AT NO 166 SYED HUSSAIN LANE CHIKKANNA BLOCK DJ HALLI, BANGALORE 560045.

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…PETITIONER

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(BY SRI. VASANTH VINCENT FERNANDES - ADVOCATE)

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AND:

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Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka

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STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY

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TO THE GOVERNMENT DEPARTMENT OF HOME VIDHANA SOUDHA BANGALORE 560001.

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THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE NRUPATHUNGA ROAD BANGALORE 560001.

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THE COMMISSIONER OF POLICE BANGALORE CITY INFANTRY ROAD BANGALORE 560001.

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2 - NC: 2024:KHC:18989-DB WPHC No. 16 of 2024

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THE INPSECTOR OF POLICE AND STATION HOUSE OFFICER DJ HALLI POLICE STATION BANGALORE 560045.

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THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE TAMIL NADU NO.1 , KAMARAJAR SALAI MYLAPORE CHENNAI-600 004.

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THE SUPERINTENDENT OF POLICE KANCHIPURAM DISTRICT VANDAVASI ROAD COLLECTORATE CAMPUS KANCHIPURAM-631 501.

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THE INSPECTOR OF POLICE B4, BALUCHETTY CHATRAM POLICE STATION VJG8 PP8, ANNA SALAI BALUCHETTY CHATRAM KANCHIPURAM DISTRICT-631 551.

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…RESPONDENTS

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(BY SRI. B A BELLIAPPA – SPP A/W SRI. RAJATH SUBRAMANYAM – HCGP)

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THIS WP(HC) IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS TO THE RESPONDNETS DIRECTING THEM TO PRODUCE THE BODY OF MRS.VASANTHA WIFE OF THE MR.VENKATESAN, AGED 72 YEARS AND RESIDING AT NO.116, SYED HUSSAIN LANE, CHIKKANNA BLOCK, DJ HALLI, BENGALURU-560-045 BEFORE THIS HON'BLE COURT FORTHWITH.

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THIS WP(HC), COMING ON FOR ORDERS, THIS DAY, DR.CHILLAKUR SUMALATHA .J., MADE THE FOLLOWING:

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3 - NC: 2024:KHC:18989-DB WPHC No. 16 of 2024

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ORDER

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This writ petition is filed seeking an order in the nature of Habeas Corpus directing the respondents to trace the body of one Mrs.Vasantha.

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As per the material available on record,

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Mrs.Vasantha is the mother of the writ petitioner and her whereabouts were not known since 26.11.2023. It is also mentioned in the petition that a case in Cr.No.333/2023 was registered with DJ Halli Police Station regarding missing of Mrs.Vasantha.

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On this day, Sri B.A.Belliappa, learned State Public Prosecutor submits that in the month of December 2023, an unidentified dead body was traced within the limits of Baiappanahalli Police Station by the Railway Police and the police suspect that the said dead body pertains to Smt.Vasantha i.e., the mother of the writ petitioner. Learned State Public Prosecutor submits that in case the writ petitioner co-operates, the mortal remains will be matched with the petitioner so that it would be known

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4 - NC: 2024:KHC:18989-DB WPHC No. 16 of 2024

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whether the said dead body pertains to Smt.Vasantha or not.

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Having considered the submission thus made, which appears justifiable, the petitioner is directed to cooperate with the concerned police and give his blood sample if required, so that steps can be taken for forensic analysis to know whether the said dead body pertains to Smt.Vasantha or not.

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With the aforesaid observation, the proceedings in the writ petition are closed. However, the petitioner is given liberty to move an application for re-opening the proceedings, in case the alleged dead body does not pertain to his mother, i.e., Smt.Vasantha and his mother remains untraced.

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Sd/JUDGE

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Sd/JUDGE

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DKB

Mr. v. Kamalakannan v State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr. v. Kamalakannan v State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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