K. KALA W/O JAMES JAYANATHAN Vs. STATE OF KARNATAKA REPT. BY ITS SECRETARY DEPARTMENT OF HOMES, THE INSPECTOR OF POLICE AND THE SUPERINTENDENT

JUDGEMENT

(1.) THE Petitioner has preferred this writ petition for a writ of habeas corpus, directing 2nd and 3rd Respondents to bodily produce the detenue by name Sukanya, before this Court forthwith. Consequently to release and set her at liberty by giving her to the custody of the Petitioner.

(2.) THE material on record discloses that the detenue, a minor girl is the daughter of one Sri James Jayanathan and Smt. Dorris. The Petitioner before the Court has married the said James Jayanathan during the subsistence of the first marriage. It is her case that the detenue was living with her before she was taken to the remand home. The material on record discloses that the detenue was raped by one Rajkumar, who is none other than the brother of the Petitioner. Charge -sheet is filed and as nobody claimed custody of the victim, the learned Sessions Judge has handed over the custody of the victim to the remand home. The Petitioner's request to hand over the custody of the detenue was opposed by the natural father and the mother on the ground that if the custody is given to the Petitioner, the act of rape will be repeated in her house by her brother. In those circumstances, rightly the District Judge has rejected the application. However, he has reserved the liberty to the Petitioner to approach a competent Court for her being appointed as the guardian under law and then seek for custody. It is in these circumstances, the Petitioner is before this Court.