P. YASODHA, W/O K. PALANI Vs. STATE OF KARNATAKA, REP. BY ITS HOME SECRETARY, VIDHAN SOUDHA, AMBEDKAR VEEDI, BANGALORE-1, CIRCLE INSPECTOR OF POLICE, J.J. NAGAR POLICE STATION, GORIPALYA, BANGALORE, K. PALANI, S/O KANNAN

JUDGEMENT

(1.) IN this case, petitioner has sought for a writ of habeas corpus against the respondents, directing them to secure and produce the petitioner's daughter, Kum.P. Latha, before this Court, in the interest of justice and equity The grievance of the petitioner in the instant case is that the petitioner and third respondent are legally wedded couple having married in the year 1994 and out of the said wedlock, they have three children, two sons and a daughter. Since few years, there has been difference of opinion between the petitioner and third respondent, due to physical and mental torture alleged to have been suffered by the petitioner and also for the reason that the third respondent attempted to enter into second marriage. It is stated that the third respondent has taken all the three children to the temple at Ambur, Tamil Nadu and entered into second marriage with one R Jayanti in the year 2004. When petitioner came to know of the illegal marriage of the third respondent with one P. Jayanti, she left the house and came back to her parents' house at Bangalore, along with her minor daughter, Kum.P. Latha. Thereafter petitioner filed a divorce petition in M.C.NO. 3548/2011, before the Principal Judge, Family Court at Bangalore and the same is pending adjudication.

(2.) MEANWHILE , when the petitioner when to pick her daughter, who is studying IX Standard, on 17th April 2012, at about 6:00 A.M., from the tutorials, she could not find her daughter, Kum.P. Latha. Therefore, the petitioner was constrained to lodge a compiaint before the second respondent. J.J. Nagar Police Station. The said complaint has been registered in Crime No. 0097/2012 and the same is pending investigation. With this back ground, the present habeas corpus petition is filed, seeking appropriate reliefs, as stated supra.

(3.) , As against this, learned Government Pleader appearing for respondents 1, 2 and 4, on instructions from the second respondent who is present before the Court, submits that in pursuance of the complaint given by the petitioner, immediately, the police have taken action by going to Ambur village along with the brother of petitioner, Shri Dhanraj and they have searched every nook and corner of the said place in search of Kum.P. Latha and they could not find her in the said village. Thereafter, they have also made all efforts to find her out by tracing the mobile call received by the daughter from her father from Ambur village. The matter is under active investigation by the police authorities,