Karnataka High Court
Dr Shivakumar M P vs State Of Karnataka on 19 January, 2024
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
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NC: 2024:KHC:2647-DB
WPHC No. 124 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JANUARY, 2024
PRESENT
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA
W.P.H.C. NO.124 OF 2023
BETWEEN:
1. DR. SHIVAKUMAR M.P
S/O PUTTASWAMY
AGED ABOUT 62 YEARS
2. SMT. LATHA SHIVAKUMAR
W/O DR. SHIVAKUMAR
AGED ABOUT 52 YEARS
BOTH ARE RESIDING AT NO.217
39TH 'A' CROSS ROAD
JAYANAGAR 5TH BLOCK
BENGALURU 560 041 ...PETITIONERS
(BY SHRI. H.M. MURALIDHAR, ADVOCATE)
Digitally signed
by ANUSHA V AND:
Location: HIGH
COURT OF 1. STATE OF KARNATAKA
KARNATAKA BY JAYANAGAR POLICE STATION
BENGALURU-560 011
2. MISS APOORVA
D/O MANJUNATH
AGED ABOUT 29 YEARS
"MAHRU KRUPA", 41ST CROSS
8TH BLOCK JAYANAGAR
BENGALURU- 560 042 ...RESPONDENTS
(BY SHRI. B.A. BELLIAPPA, SPP-II A/W
SHRI. M.V. ANOOP KUMAR. HCGP FOR R1)
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NC: 2024:KHC:2647-DB
WPHC No. 124 of 2023
THIS WPHC IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS TO HAND OVER THE CUSTODY OF THEIR
DAUGHTER MISS. KAJOL SHIVAKUMAR TO THE PETITIONER
FORTHWITH.
THIS WPHC COMING ON FOR ORDERS, THIS DAY,
P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER
This habeas corpus petition is presented by Dr.M.P.Shivakumar and his wife with a prayer to direct respondents to handover custody of their daughter Ms.Kajol Shivakumar.
2. Heard Shri H.M.Muralidhar, learned advocate for the petitioners and Shri B.A.Belliappa, learned SPP-II along with Shri Anoop Kumar, learned HCGP for the State.
3. Learned advocate for the petitioner submitted that the detenue was in illegal confinement of second respondent.
4. Ms.Kajol, detenue and Ms.Apoorva, second respondent are present and they are identified by -3- NC: 2024:KHC:2647-DB WPHC No. 124 of 2023 Shri G.Sanjeev, Police Sub-inspector, Sanjaynagar Police Station, Bengaluru. Petitioners are present and they are identified by their advocate Shri Muralidhar.
5. On the last date of hearing, we had also conducted chamber hearing. Detenue submitted that she is 30 years old and a qualified medical Doctor and second respondent is her classmate. She categorically stated that she is not confined by second respondent. Second respondent also submitted the same.
6. The detenue and second respondent are qualified doctors, aged 30 years and submit that they are not under any illegal confinement. In the circumstance, nothing further survives and hence, this petition stands dismissed.
No costs.
Sd/-
JUDGE Sd/-
JUDGE AV List No.: 2 Sl No.: 2