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
:2:
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
:3:
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
:4:
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
