Ibrahim Idma vs The State Of Karnataka on 3 January, 2019

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Karnataka High Court

Ibrahim Idma vs The State Of Karnataka on 3 January, 2019

Bench: K.N.Phaneendra

                         -1-


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 3RD DAY OF JANUARY, 2019

                      PRESENT

    THE HON'BLE MR.JUSTICE K.N.PHANEENDRA

                        AND

        THE HON'BLE MR. JUSTICE B.A. PATIL

                 WPHC NO.2/2019

BETWEEN:

Ibrahim Idma
S/o Abdul Khader Idma
Aged about 37 years
R/at No.3/80, Idma House
Ullaibettu Village and Post
Mangalore-574 145.
                                       ... Petitioner
(By Sri Muzaffar Ahmed, Advocate)

AND:

  1. The State of Karnataka
     through the Principal Secretary
     Department of Home Affairs
     Government of Karnataka
     Vidhana Soudha
     Bangalore, Karnataka.

  2. The Superintendent of Police
     Davanagere
     Karnataka State

  3. The Superintendent of Police
     Shivamogga
     Karnataka State
                               -2-


   4. The Inspector of Police
      Hosanagara Police Station
      Shivamogga
                                       ... Respondents
(By Sri E.S. Indiresh, AGA)

       This WPHC is filed under Articles 226 and 227
of the Constitution of India praying to A) A writ in the
nature of Habeas Corpus or any other appropriate
writ/s, order/s, direction/s B) Directing the
respondents to secure cousin brother of petitioner
from the illegal detention. C) Grant such other
relief/s as this Hon'ble Court deems fit in the
circumstances of the case.

      This WPHC coming on for Preliminary Hearing
this day, K.N.Phaneendra J. made the following:-

                         ORDER

The learned Additional Government Advocate files an affidavit of Sri.Ashwin Kumar S/o Chandrashekara, Police Sub-Inspector, attached to Hosanagara Police Station, stating that the Detenue Mr.Habeebullah @ Habeeburrahman was arrested on 2.1.2019 at Karkala, pursuant to the warrant issued by the JMFC, Hosanagara in Crime No.271/2015, for the offence punishable under Section 379 of IPC. The said Detenue is accused in Crime No.111/2009 also and he was produced before the JMFC, Hosanagara -3- on 2.1.2019 and the Court has remanded the accused for police custody.

2. In view of the above said affidavit filed by the concerned Police Officer, this Habeas Corpus Petition does not survive for consideration. Liberty is open to the Detenue to approach the competent Court for appropriate remedies.

With these observations, this petition stands dismissed.

Sd/-

JUDGE Sd/-

JUDGE *AP/-

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