Suvarna Simulur Vs The Commissioner of Police and Others

Karnataka High Court (Dharwad Bench) 11 Mar 2015 Writ Petition Habeas Corpus No. 100006 of 2015 (2015) 03 KAR CK 0358
Bench: Division Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Writ Petition Habeas Corpus No. 100006 of 2015

Hon'ble Bench

B.S. Patil, J; P.S. Dinesh Kumar, J

Advocates

D.M. Manjunath, for the Appellant; C.S. Patil, Additional Government Advocate, Advocates for the Respondent

Final Decision

Disposed off

Acts Referred
  • Penal Code, 1860 (IPC) - Section 34, 354, 363, 448, 504

Judgement Text

Translate:

@JUDGMENTTAG-ORDER

B.S. Patil, J.

1. This Habeas Corpus petition is filed by the mother of the two minor children namely Kumari Susmita and Kumari Nikheeta seeking a direction to the respondent-Police namely the Commissioner of Police, Hubli-Dharwad, Police Inspector of Keshwapur Police Station and Police Inspector of Bendigeri Police Station to search, secure and produce before this Court her minor daughters, allegedly kidnapped. It is the case of the petitioner that one Parashuram Kudari was making an attempt to kidnap Kumari Susmita, elder daughter of the petitioner and an abortive attempt was indeed made by him in this regard on 14-7-2014. A complaint was lodged by the petitioner before the Keshwapur Police Station in Crime No. 121 of 2014 under Sections 354, 448, 504 and 506 read with Section 34 of Indian Penal Code, 1860. It is the further case of the petitioner that her two minor children had been subsequently lodged in Government Children Home for Girls, Ghantikeri, Hubli. Counsel for the petitioner urges during the course of arguments that the girls were lodged in Government Children Home for Girls by the kidnapper. From the said children Home, Susmita was allegedly kidnapped on 18-10-2014. The Superintendent of the Government Children Home for Girls lodged a complaint in this regard before the Bandigeri Police Station which came to be registered in Crime No. 137 of 2014 under Section 363 of IPC. Thereafter, the second daughter Kumari Nikheeta was allegedly kidnapped on 19-2-2014 from the house of the petitioner. This made the petitioner to lodge a complaint before Keshwapur Police Station.

2. Petitioner has made a grievance in this petition that despite request made to the respondent-Police, no action was taken to search and secure her minor daughters, nor any action was taken against the culprits. This is how writ of Habeas Corpus has been sought against the respondent-Police.

3. This Court issued notice to the respondents and on the request of the learned Additional Government Advocate, time was granted to secure the missing children. Today, two minor children are produced before the Court by Sri T.G. Dodmani, Police Inspector of Bendigeri Police Station and Sri R.K. Patil, Police Inspector of Keshwapur Police Station. Petitioner-mother of the minor children is also present. Minor children state before the Court that they are willing to join their mother and stay with her. Petitioner assures the Court that she will take care of her minor children.

4. Learned Additional Government Advocate submits that the accused against whom the criminal cases have been registered have been already taken into custody and proceedings will be pursued in accordance with law. In the above circumstances, having regard to the production of two minor children Kumari Susmita and Kumari Nikheeta, we are satisfied that no further proceedings are required in this writ petition. Hence, the petition deserves to be disposed of. Petition is, therefore, disposed of.

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