DEVARAJ R S/O RANGASWAMY Vs. THE STATE OF THE KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME MINISTRY VIDHANA SOUDHA BANGALORE-01, THE POLICE SUB-INSPECTOR HIRIYUR RURAL POLICE STATION CHITRADURGA DISTRICT AND H.N. RANGA SWAMY S/O NIN

JUDGEMENT

(1.) THIS Writ petition under Articles 226 and 227 of the Constitution of India is by the father for producing his daughter by name Kumari Sangeetha before this Court on the suspicion that his daughter who is a minor, who was studying in Diploma course at the Regional Vocational Training Institute, Hosur Road, Bangalore is not only missing ever since she left her parental house in her native village Haleyalnadu from 24.10.2011 but the petitioner also suspects that she may be in the illegal custody of the 3rd respondent one Rangaswamy, also a resident of the same village and who is also working at Bangalore.

(2.) NOTICE having been issued to the learned State Public Prosecutor on behalf of the 1st respondent -State and the 2nd respondent - Police Sub -inspector, Hiriyur, Chitradurga District, response is filed on behalf of respondents 1 and 2 in the form of an affidavit of S B Palabhavi, Sub -Police Inspector, Hiriyur Rural Police Station, Chitradurga District interalia indicates that apart from the police having registered a criminal case No.322/11 on the written complaint lodged by the petitioner about missing of his daughter Kum Sangeetha, there efforts thereafter to trace the missing girl has yielded result as the 3rd respondent and the girl were found together on 14.11.2011 near about Attur Layout, Yelahanka, Bangalore and thereafter, the police have also recorded the statement of the girl Sangeetha etc. and on 15.11.2011 police have also registered a criminal case no.336/11 against the 3rd respondent for offence punishable under Section 366A of the Penal Code and that he was arrested on 15.11.2011 at about 7.00 AM and was produced before the JMFC, Hiriyur and learned Magistrate has remanded him to judicial custody till 28.11.2011. The affidavit also states in response to the writ of habeas corpus before this Court, girl is brought before the Court after seeking permission from the Magistrate before whom the girl had been produced.

(3.) THE girl is present before the Court and on our questioning she states that she voluntarily went with the 3rd respondent and had stayed in the 3rd respondent's house at Attur Layout, Yelahankar for some time and that she was not under any pressure or coercion to stay their etc.