Karnataka High Court
Areevva W/O Hanamantha vs The State Of Karnataka & Ors on 14 March, 2017
Author: Aravind Kumar
Bench: Aravind Kumar
-1-
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF MARCH , 2017
PRESENT
THE HON'BLE MR. JUSTICE ARAVIND KUMAR
AND
THE HON'BLE MR. JUSTICE B.A. PATIL
WPHC No. 200002/2017
BETWEEN:
Arevva W/o Hanamanta,
Age: 55 years,
Occ: Household,
R/o Halagera village,
Dist. Yadgir-585 304.
... Petitioner
(By Sri. Vinayak S. Kodla, Advocate)
AND:
1. The State of Karnataka,
Superintendent of Police,
Yadgir-585201.
2. Bheemanagouda,
S/o Hanumagouda Malipatil,
Age: 30 Years, Occ: Agriculture,
R/o Halagera village,
Dist. Yadgir-585 304.
-2-
3. Basannagouda,
S/o Hanumagouda Malipatil,
Age: 40 Years, Occ: Agriculture,
R/o Halagera village,
Dist. Yadgir-585 304.
4. Yankanagouda,
S/o Hanumagouda Malipatil,
Age: 36 Years, Occ: Agriculture,
R/o Halagera village,
Dist. Yadgir-585 304.
5. Ramanagouda,
S/o Hanumagouda Malipatil,
Age: 25 Years, occ: Agriculture,
R/o Halagera village,
Dist. Yadgir-585 304.
...Respondents
(R-1 By Sri. Syed Habeeb, AGA)
This WPHC is filed under articles 226 and 227 of
the Constitution of India, praying to issue a writ of
habeas corpus directing respondent to immediately
produce Kusuma D/o Hanamanta, daughter of the
petitioner before this Court; etc.
This petition coming on for preliminary hearing
this day, ARAVIND KUMAR, J., made the following:-
ORDER
We have heard Sri. Vinayak S. Kodla, learned counsel appearing for petitioner and Sri. Syed Habeeb, -3- learned Addl. Government Advocate appearing for respondent No.1.
2. This writ petition has been filed by Smt. Arevva, mother of Ms. Kusuma seeking a writ of Habeas Corpus to direct the respondents to immediately produce Ms. Kusuma D/o Hanamanta and the petitioner before this Court and to give direction to the authorities to extend protection to the petitioner. In support of prayer made in the writ petition, it is alleged that on a complaint being lodged by her son on 14.10.2016 complaining that sister of the complainant had been missing from three years she has not been traced and action having not been taken on the said complaint, present writ petition is being filed.
3. It is also alleged that petitioner had got converted to Devadasi and her two daughters were working as coolies in the house of one Sri. Maligoudar, who is having four sons and the third son -4- Bheemanagouda fell in love with the missing girl Ms. Kusuma and he made a false promise to marry her and thereafter he refused to marry. It was also alleged by the complainant that his sister Ms. Kusuma had been kidnapped by respondent Nos. 2 to 5 and on account of in action on the part of the 1st respondent in not initiating proceedings against them despite complaint being lodged and repeated efforts made to trace out the missing girl went in vain and apprehending that the respondent No.1 has failed to trace out, the present petition has been filed.
4. Today, learned Addl. Government Advocate has filed statement of objections by way of affidavit sworn to by the Police Inspector, Shorapur P.S. whereunder it is stated thereunder that on the basis of the complaint lodged by petitioner's son on 14.10.2016 said complaint came to be registered in Cr.No.255/2016 for the offence punishable under Sections 506, 366 r/w -5- Sec. 34 of IPC and investigation has been taken up. In the meanwhile, respondent Nos. 2 to 4 had obtained anticipatory bail under Section 438 of Cr.P.C. in Crl. P. No.201324/2016 and as such notice came to be issued under Sec. 41 of Cr.P.C to appear before Investigation officer for further investigation and during the course of the investigation 2nd respondent herein made a voluntary statement to the effect that he along with two others had murdered said Ms. Kusuma. The said statement of R-2 is as per Annexure R-2. The extract of the order sheet passed by the jurisdictional Magistrate produced along with counter affidavit would also disclose that statement has been made by respondent No.2 herein confessing to the crime for having murdered Ms. Kusuma.
5. In that view of the matter, the counter affidavit is placed on record and writ petition is dismissed, since writ of habeas corpus sought for -6- production of Ms. Kusuma has got spelt itself or in other words the said Ms. Kusuma having been murdered and the jurisdictional police having registered a case in Cr.No.255/2016 against accused persons, nothing survives for consideration. Hence, writ petition stands dismissed.
Sd/-
JUDGE Sd/-
JUDGE BL*