Karnataka High Court
Nirmala W/O Mahesh Sunagar vs The State Of Karnataka on 2 December, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
-1-
NC: 2024:KHC-D:17722-DB
WPHC No. 100025 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF DECEMBER 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
WRIT PETITION (HABEAS CORPUS) NO. 100025 OF 2024
BETWEEN:
NIRMALA W/O. MAHESH SUNAGAR,
AGE 29 YEARS, OCC: HOUSEHOLD,
R/O. SUNAGAR ONI, SHIGLI,
TQ. SHIRAHATTI, DIST: GADAG-582210.
...PETITIONER
(BY SRI. KIRANKUMAR CHATTIMATH AND
SRI. S. V. MADANOOR, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA,
WOMEN & CHILD WELFARE DEPARTMENT,
REPRESENTED BY ITS SECRETARY,
GATE NO 3, 1ST FLOOR, M. S. BUILDING,
DR. AMBEDKAR VEEDHI, BENGALURU-01.
Digitally signed
by JAGADISH T
R
Location: HIGH
COURT OF
2. THE WOMEN & CHILD WELFARE DEPARTMENT,
KARNATAKA
DHARWAD STATE HOUSE FOR WOMEN, AT: SHIRADINAGAR,
BENCH
PATRAKARTA NAGAR, UNAKAL, HUBBALI-580032.
3. THE KUNDAGOL POLICE STATION,
REPRESENTED BY ITS SUB INSPECTOR,
TQ: KUNDAGOL, DIST: DHARWAD-581113.
...RESPONDENTS
(BY SRI. G. K. HIREGOUDAR, GOVT. ADV. FOR R1 TO R3)
THIS WP(HC) IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, ORDER OR
DIRECTION IN THE NATURE OF HABEAS CORPUS, DIRECTING THE
RESPONDENT NO.2 AND 3 HEREIN TO CAUSE THE PRODUCTION OF
THE BODY OF THE VICTIM CHAITRA D/O. GURUSIDDAYYA HIREMATH
BEFORE THIS HON BLE COURT AND ETC.
-2-
NC: 2024:KHC-D:17722-DB
WPHC No. 100025 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD) This Habeas Corpus petition is filed for a direction to respondent Nos.2 and 3 to cause the production of body of detainee.
2. The petitioner is the friend of the detainee/victim in the case registered by respondent No.3 Kundagol Police Station in Crime No.5/2022 against one Abdulmunaf son of Husensab Nadaf for offences punishable under Sections 366, 376 and 363 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012. After lodging of complaint against the accused, the detainee/victim was rescued and was handed over to the custody of respondent No.2-The Women and Child Welfare Department, Hubballi. Till today, she is in the custody of respondent No.2. The learned II Additional District and Sessions Judge, -3- NC: 2024:KHC-D:17722-DB WPHC No. 100025 of 2024 Dharwad in Spl.S.C. No.30/2022 acquitted the accused of the aforesaid offences.
3. The detainee informed the petitioner that she wants to continue her education and also to get her released her from the custody of respondent No.2 since her family members did not turn up to take her from the custody of respondent No.2. The detainee is under the custody of respondent No.2 till today. As the request and representation to respondent No.2 went in vain, the petitioner is constrained to file this petition.
4. Heard the learned counsel for the parties.
5. The detainee was produced before the Court on 29.11.2024 by Sri. Shivanand N. Ambiga, Police Inspector, Kundgol Police Station along with Smt. Maitra Radder, Superintendent, State House for Women and the staff. On that day, in the chambers, we have enquired the detainee, she has stated that, she has attained majority and wants to go with her friend. She has stated that she is in the State -4- NC: 2024:KHC-D:17722-DB WPHC No. 100025 of 2024 House for Women since 3 years and she is not ready to go with her mother.
6. The Superintendent, State House for Women has submitted that on 14.08.2024, the Joint Director, Women and Child Welfare Department, Bengaluru, a copy of which is produced for perusal, had directed to hand over the custody of the detainee to her mother. She further submitted that, as the detainee refused to go along with her parents, the detainee has been kept in the State House for Women and as on today she is staying in the said State House for Women. Hence, the matter was adjourned to today, on i.e. 02.12.2024.
7. Today, the detainee is produced before the Court by Sri. Shivanand N. Ambiga, Police Inspector, Kundgol Police Station along with Smt. Maitra Radder, Superintendent, State House for Women and the staff. The Additional Registrar (Judicial) was directed to record the statement of the detainee.
-5-
NC: 2024:KHC-D:17722-DB WPHC No. 100025 of 2024
8. In order to convince the detainee to go along with her parents the matter is taken up in the Chambers. The report of the Additional Registrar (Judicial) recording the statement of the detainee is submitted. She stated that, "The petitioner is her childhood friend. She was kept in Sneha Open Shelter, Navanagar, Hubballi, and later she was sent along with her parents and was staying with her parents in Kunkur, Jundagol taluk, Dharwad District. She has further stated that she was assaulted in ill-treated by her maternal Aunt and was admitted to KIMS Hospital, Hubballi and after discharge she was kept in Girl's Home Gantigeri, Hubballi. Though, she has completed 18 years, her age was shown as 'below 18 years'. Later she was shifted to the State House for Women, Hubballi and she is staying the said house since 3 years. She does not want to go with her parents and wants to go with her friend, who is the petitioner".
9. Perused the report submitted by the Additional Registrar (Judicial). The birth certificate of the detainee is produced as Annexure-A which shows that the date of birth of the detainee as 08.07.2003. As on today, the detainee is -6- NC: 2024:KHC-D:17722-DB WPHC No. 100025 of 2024 aged 21 years 4 months. The detainee has refused to go with her parents and wants to go with the petitioner, who is her close friend, who is present before the Court.
10. In view of the above, the Sub-Inspector of Police, is directed to send the detainee along with the petitioner/friend. It is made clear that if the detainee has any harassment from any person, she can approach jurisdictional police and the jurisdictional police is directed to assist her and provide security, if circumstance arise.
11. With the aforesaid observations, the petition is disposed of.
Sd/-
(H.T.NARENDRA PRASAD) JUDGE Sd/-
(VENKATESH NAIK T) JUDGE kmv ct-an