Habeas corpus petition seeking tracing and production of the petitioner's missing brother. The State reported the brother had died on 11.07.2023 of cardio pulmonary arrest, with medical records showing he had been staying in an old age home. Holding no further orders were possible, the court closed the petition keeping other contentions open.
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NC: 2024:KHC:13148-DB WPHC No. 24 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2024
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE W.P.H.C NO. 24 OF 2024
BETWEEN:
SRI. RAMESH G.R S/O LATE RUDRACHAR AGED ABOUT 47 YEARS PRESENTLY RESIDING AT NO.788 29TH MAIN, 23RD CROSS 2ND SECTOR, HSR LAYOUT BANGALORE-560 102 …PETITIONER
(BY SHRI. V.K. NARAYANA SWAMY, ADVOCATE)
AND:
Digitally signed by MADHUSHREE H Location: High Court of Karnataka
NC: 2024:KHC:13148-DB WPHC No. 24 of 2024
HSR LAYOUT
BANGALORE-560 102 …RESPONDENTS
(BY SHRI. B.A. BELLIAPPA SPP -I A/W SHRI. M.V. ANOOP KUMAR, HCGP).
THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS AND DIRECT THE RESPONDENT NOS.1 TO 4 TO INVESTIGATE AND TRACE G.R. RAVIKUMAR, BROTHER OF THE PETITIONER HEREIN, AND PRODUCE BEFORE THIS HON'BLE COURT AND HANDOVER THE CUSTODY OF G.R. RAVIKUMAR TO THE PETITIONER.
THIS WPHC, COMING ON FOR ORDERS, THIS DAY, ANU SIVARAMAN J., MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner as well as learned HCGP appearing for the respondents.
petitioner that the missing complaint was lodged by his brother and an FIR has been lodged on 23.03.2023 at the HSR layout Police station, Bangalore city.
pulmonary Arrest on 11.07.2023 at 12.15 a.m. The details of out patient record of Oxford Medical College Hospital and Research Centre, Yadavanahalli, Attibele Hobli, Anekal Taluk, Bangalore is also on record. It appears that the deceased was staying in an old age home or such institution at the relevant time.
the brother of the writ petitioner is no more, we are of the opinion that no further orders can be passed in this writ petition.
ORDER
Sd/JUDGE
Sd/JUDGE
RAK. List No.: 1 Sl No.: 9
1 issue framed by the court
Whether a writ of habeas corpus could issue to trace and produce the petitioner's missing brother.
1 provisions across 1 enactments
SRI. RAMESH G.R
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME
THE COMMISSIONER OF POLICE, BANGALORE
THE SUB INSPECTOR OF POLICE, MADIWALA SUB-DIVISION
THE SUB-INSPECTOR OF POLICE, HSR LAYOUT POLICE STATION
ANU SIVARAMAN
ANANT RAMANATH HEGDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
