Smt. Vidhyashree W/O Tirupati … vs State Of Karnataka, on 13 June, 2017

IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH

DATED THIS THE 13TH DAY OF JUNE 2017

PRESENT

THE HON’BLE DR. JUSTICE VINEET KOTHARI
AND
THE HON’BLE DR. JUSTICE H.B. PRABHAKARA SASTRY

WRIT PETITION HABEAS CORPUS No.100014/2017

BETWEEN:

1. SMT. VIDHYASHREE W/O TIRUPATI VADDAR
D/O KUMAR KATTIMANI,
AGE: 26 YEARS, OCC: NIL,
R/O: GADAG-BETAGERI,
GADAG DIST.
… PETITIONER
(BY SRI. R M JAVED, ADV.)

AND:

1. STATE OF KARNATAKA,
BY MINISTRY OF HOME AFFAIRS,
REP. BY ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU.

2. INSPECTOR GENERAL OF POLICE
NORTHERN RANGE, BELAGAVI,
BELAGAVI.
Date of Order: 13.06.2017 in WPHC NO.100014/2017
Smt. Vidhyashree Vs. State of Karnataka Others

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3. COMMISSIONR OF POLICE
BENGALURU CITY,
BENGALURU.

4. SUPERINTENDENT OF POLICE
GADAG DISTRICT,
GADAG.

5. TIRUPATI VENKATESH VADDAR
AGE: 35 YEARS,
OCC: SERVICE,
R/O: H.NO.5, 1ST FLOOR,
FIRE STATION STAFF QUARTERS,
ELECTRONIC CITY, PHASE-I,
BENGALURU CITY,
BENGALURU.
… RESPONDENTS
(BY SMT. K. VIDYAVATHI, AGA FOR R1-R4,
SRI.RAJENDRA R PATIL ADV. FOR R5)

THIS WPHC IS FILED UNDER ARTICLE 226 227
OF THE CONSTITUTION OF INDIA PRAYING THIS
HON’BLE COURT TO A) THAT YOUR LORDSHIPS MAY
GRACIOUSLY BE PLEASED TO ISSUE A WRIT OF
MANDAMUS AND OR ANY OTHER APPROPRIATE WRIT,
ORDER DIRECTION TO THE RESPONDENT NO.3 TO
TAKE ACTION ON THE COMPLAINT FILED BY THE
PETITIONER (ANNEXURE-A AND B), B) ISSUE A WRIT
OF HABEAS CORPUS AND OR ANY OTHER
APPROPRIATE WRIT, ORDER DIRECTION TO THE
RESPONDENT NO.5 TO PRODUCE THE MINOR SON,
MOUNESH, AGED 4 YEARS, BEFORE THIS COURT AND
ETC.

THIS HABEAS CORPUS PETITION COMING ON FOR
ORDERS THIS DAY, DR.VINEET KOTHARI. J, MADE
THE FOLLOWING:
Date of Order: 13.06.2017 in WPHC NO.100014/2017
Smt. Vidhyashree Vs. State of Karnataka Others

READ  Smt. Sunita And Six Others vs State Of Uttarakhand And Others on 6 August, 2014

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ORDER

Mr.R.M. Javed, Adv. for the petitioner.
Mrs.K. Vidyavathi, AGA for respondent Nos.1 to 4.
Mr. Rajendra R Patil, Adv. for respondent No.5.

1. The corpus of Master Mounesh has been produced

by the police officials and he is presently in the custody of his

own father respondent No.5-Mr.Tirupati Venkatesh Vaddar.

2. The mother Smt.Vidyashree has filed this Habeas

Corpus Petition, who had filed a complaint against her husband

respondent No.5 for the alleged offences under Sections 324,

498A, 506 and 504 of IPC and Sections 3 and 4 of the Dowry

Prohibition Act, which was registered in Crime No.26/2017 in

the Electronic City Police Station, Bengaluru.

3. We had a brief interaction with the child also, who

appears to be safe and happy custody of his father respondent

No.5-Mr.Tirupati Venkatesh Vaddar.

Date of Order: 13.06.2017 in WPHC NO.100014/2017
Smt. Vidhyashree Vs. State of Karnataka Others

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4. Irrespective of the claim of the custody by the

mother of the child, we do not find any illegal detention of the

said child with respondent No.5 Mr.Tirupati Venkatesh Vaddar.

5. Therefore, the present Habeas Corpus petition is not

maintainable and same is dismissed as infructuous.

Sd/-

JUDGE

Sd/-

JUDGE
JTR

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