Karnataka High Court
Smt Shakeela Banu vs The Commissioner Of Police on 16 February, 2018
Bench: B.S Patil, R Devdas
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY 2018
PRESENT
THE HON'BLE MR. JUSTICE B.S.PATIL
AND
THE HON'BLE MR. JUSTICE R DEVDAS
WP(HC) No.18 OF 2018
BETWEEN:
SMT. SHAKEELA BANU,
W/O IQBAL AHMED,
AGED ABOUT 40 YEARS,
R/AT NO.237, NARAYANA PILLAI
STREET, SHIVAJINAGAR,
BANGALORE - 560 001. ...PETITIONER
(BY SMT. MEERA MUKUND, ADV.)
AND:
1 THE COMMISSIONR OF POLICE,
INFANTRY ROAD,
BANGALORE - 560 001.
2 THE INSPECTOR OF POLICE,
BANASWADI POLICE STATION,
BANASWADI, BANGALORE.
3 THE INSPECTOR OF POLICE,
K.G.HALLI POLICE STATION,
K.G.HALLI, BANGALORE.
4 THE INSPECTOR OF POLICE,
D.G.HALLI POLICE STATION,
D.G.HALLI, BANGALORE. ... RESPONDENTS
(BY SRI I.TARANATH POOJARY, AGA)
2
THIS WPHC IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT IN THE NATURE OF HABEAS CORPUS DIRECTING THE
RESPONDENTS TO FORTHWITH PRODUCE THE DETENUE
KHAJA MOIN, S/O IQBAL, AGED ABOUT 23 YEARS BEFORE
THIS HON'BLE COURT PHYSICALLY.
THIS WPHC COMING ON FOR ORDERS THIS DAY,
B.S.PATIL J., MADE THE FOLLOWING:
ORDER
This petition is filed seeking a direction against the respondents including the Inspector of Police, D.G.halli Police Station by the mother of the detenue to produce the detenue Sri.Khaja Moin, S/o Iqbal before this Court.
2. It is alleged by the petitioner that Khaja Moin, S/o Iqbal was illegally taken into custody on 13.2.2018 at about 3.00 p.m. and has been in illegal detention by respondents No.1 to 3. It is further alleged that Banaswadi Police at the instance of vested interests due to business rivalry had taken the detenue into custody on 13.2.2018 while he was proceeding on his new two wheeler to get it 3 registered. It is also alleged that the respondent police did not inform the parents of the detenue regarding arrest, hence members of the family of the detenue have been constrained to approach this Court through the mother.
3. Learned counsel appearing for the petitioner contends that though the detenue was not responsible for any illegal activity much less commission of any offence, he is illegally detained. It is her further submission that though the arrest was made on 13.2.2018, detenue was not produced before the Court till 15.2.2018 nor the parents were informed about the detention and therefore there has been violation of the fundamental rights of the detenue guaranteed under Articles 21 and 22 of the Constitution of India.
4. In response, Cubbon Park police who have arrested the detenue are present before the Court. 4 The Inspector of Police Sri Vijay Hadagalli has made available through the learned AGA relevant records including the First Information Report, the remand application and other connected papers. As could be seen from the First Information Report registered in Crime No.15/2018 on 23.1.2018, complaint was lodged against two unknown persons alleging that on 23.1.2018 between 9.30 to 9.46 p.m., outside the Southern Star Hotel, Lavelle Road, two unknown people came in a bike and snatched the complainant's Oppo-F3 mobile phone. It is in connection with this complaint, the police apprehended the detenue Khaja Moin, S/o Iqbal.
5. The record discloses that he was arrested on 14.2.2018 at 9.00 p.m. The record also discloses that another accused by name Nazeer is yet to be arrested. The accused was produced before the jurisdictional Magistrate and based on the remand application filed by the concerned police, the learned 5 Magistrate has remanded the accused to police custody till 24.2.2018.
6. Therefore it is clear that allegations made by the writ petitioner stating that Khaja Moin, S/o Iqbal is in illegal detention and hence the respondent police have to be directed to produce him before the Court does not survive for consideration.
7. Further, as regards the grievance made by petitioner that her son was taken into custody not on 14.2.2018 but during the night of 13.2.2018 itself, we find that there is no material to probablise this assertion. If the detenue was illegally detained in the afternoon of 13.02.2018 then petitioner could have moved the higher authorities making representation in that regard. We are also not inclined to undertake further investigation into this aspect of the matter having regard to the fact that police have arrested the detenue in connection with offence of robbery and have allegedly recovered a mobile phone from him. 6 Hence, for the aforesaid reasons the petition deserves to the closed.
Accordingly the petition is dismissed.
Sd/-
JUDGE Sd/-
JUDGE KLY/