Karnataka High Court
Sri Nidagunda Shiv Kumar S/O Bhimanna @ ... vs The State Of Karnataka & Ors on 1 July, 2019
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 01ST DAY OF JULY-2019
PRESENT
THE HON'BLE MR.JUSTICE K.N.PHANEENDRA
AND
THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR
WPHC NO.200009/2019
BETWEEN:
Sri. Nidagunda Shiv Kumar
S/o Bhimanna @ Bhimrav
Age: 30 years, Occ: News Reporter,
R/o H.No.1/7/71, Dodda Agasi,
Sedam (Town and Taluka),
Kalaburagi District.
... Petitioner
(By Sri. Suneel Kumar Kalekar, Advocate)
AND:
1. The State of Karnataka
Rep. By its Chief Secretary,
Vidhana Soudha,
Bengaluru-560 001.
2. The Principal Secretary,
Department of Home,
The Government of Karnataka,
Vidhana Soudha,
Bengaluru-560 001.
3. The District Collector,
The Office of the District Collector,
Kalaburagi Town and District.
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4. The Superintendent of Police,
The office of the Superintendent,
Kalaburagi Town and District.
5. The Deputy Superintendent of Police,
The office of the Deputy Superintendent of Police,
Chincholi Division, Kalaburagi District.
6. The Circle Police Inspector of Police,
The office of the Circle Inspector of Police,
Mudhol, Kalaburagi District.
7. The Sub - Inspector of Police,
The office of the Sub- Inspector of Police,
Mudhol Town, Kalaburagi District.
8. Shree Shree Shree Sadguru Roop Rahita Ahimsa
Yogeshwari Veer Dhamaja Mata
Rep. By Shri. Shivayya S/o Venkayya Trustee,
R/o Suryanandi Manikgiri, Post Yanagundi,
Sedam Taluka, Kalaburagi District,
Karnataka State.
9. Trustee Shivayya S/o Venkayya Trustee,
R/o Suryanandi Manikgiri, Post Yanagundi,
Sedam Taluka, Kalaburagi District,
Karnataka State.
10. Trustee Sannur Sidhiramappa S/o Saranappa
(Treasurer)
R/o H.No.MIG-7, Adharsh Nagar, Racing Road,
Kalaburagi Town and District.
Karnataka State.
11. Trustee Shri. Mandar Abakari S/o A.N. Manik Rao,
R/o H.No.2-5-52, Brahaman Wadi, Narayanpet,
Narayanpet Town & District -509 209,
Telangana State.
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12. Trustee Jilla Gnaneswar S/o Jilla, Eshwaraiah,
R/o H.No.:3-67, Pedda Shapur Village,
Shamshabad Mandal,
Rangareddy District-509 325,
Telangana State.
13. Trustee K. Jageevan Reddy S/o Satyanarayan Reddy,
R/o H.No.18-4-738, Ariabad,
Hyderabad, Telangana State.
14. Trustee Balakrishna S/o Rajendram,
R/o H.No.1-3-179, Old Bazar,
Karim Nagar Town and District,
Telangana State.
15. Driver Ramulu S/o G Syamappa (Shivayya Driver)
R/o Itlapur Village, Damar Gidda Mandal,
Narayanpet District-509 209,
Telangana State.
... Respondents
(By Sri. S.P.Chouta, Addl. Adv. General along with
Sri. K.M.Ghate, AGA for R1 to R7;
By Sri Ashok S. Kinagi, Adv. for R8 to R15, vakalat filed for
R9 to R15)
This W.P.H.C. is filed under Section 226 & 227 of
Constitution of India, praying to a writ in the nature of
habeas corpus directing the respondent No.1 to 10 to
produce Swami Shivaram S/o Veeradharma Maata before
this Hon'ble Court by releasing him from the custody of
respondent No.8 and its trustees and etc.
This petition is coming for Orders on this day,
K.N.Phaneendra J., delivered the following:
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ORDER
In this case, the petitioner a news reporter has filed this petition seeking a direction to respondent No.1 to 10 to produce the missing person by name Swami Shivaram S/o Veeradharma Maata, before this Court by releasing him from the custody of respondent No.8 and her trustees. The detenue is by name Shivaram Swami S/o Veeradharma Maata, it is stated in the petition that, the petitioner came to know that on one fine and holi day of Mahashivarathri respondent No.8 Maata in the public spiritual meeting has adopted a three year old boy namely Kashappa S/o Mogalappa Yalawar R/o Chandapur, Sedam Taluka and named him as "M.Shivaram Swami S/o Veeradharmaja Maata", who was working as a saint called as Swami at Manikgiri. However, presently the whereabouts of the said person is not known at Manikgiri from last four years continuously. The petitioner after having due enquiry 5 at Manikgiri and the local people came to know that the said M. Shivaram is illegally detained or escaped by the respondent No.8 and her trustees to dodge the property of Holiness. Therefore, this made the petitioner to file the writ petition. All the other paragraphs in the writ petition is with reference to the alleged illegal custody or detention of respondentNo.8 herself by respondent No.9 to 15. We have disposed of those writ petitions pertaining to alleged illegal detention of said Maataji today itself.
2. On perusal of paragraph 5 and the prayer column when it is stated that the said person was either detained by respondent No.8 i.e. Maataji or allowed him to escape, there is no question of any illegal detention or illegal custody of that man so far as the other persons are concerned. Further added to that on careful perusal of the petition itself it is not actually the case of illegal of detention or custody, but it is the case of missing of a 6 person from the said place. Therefore under the above said circumstances, the writ of habeas corpus in our opinion is not maintainable in order to search a missing person. It is also seen from the documents itself that in the year 2009, the said alleged missing person Sri. Shivaram Swami who was aged 24 years has declared his name as M. Shivaram Swami before the notary public on 14.08.2009. Therefore, it is the case of missing of a major person which also clears out the doubt. Particularly Habeas corpus petition is not maintainable, unless it is specifically stated in the petition with some admissible or acceptable material to show that the said person has been either in illegal custody or unlawfull detention of somebody. The same has not been made clear in the writ petition. As we have narrated the relevant paragraph in the writ petition and also the prayer column. If at all the petitioner in any manner having any locus-standi and also interested in the said person, he can make a report 7 to the police with a request to search the said person by the police. Under the above said circumstances, we don't find any strong reasons to entertain and continue this writ petition. Hence, the writ petition is devoid of merits and the same is liable to be dismissed. Accordingly dismissed.
Sd/-
JUDGE Sd/-
JUDGE SMP