T.L. NAGARAJU Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This writ petition habeas corpus is filed by one T.L.Nagaraju, who is the father of the detenue Ms. T.N.Nisarga praying to direct the respondents to produce Ms. Nisarga before this Court and to handover the custody to him.

(2.) It is the case of the petitioner that his daughter the detenue Ms.T.N.Nisarga aged about 19 years was pursuing her engineering at G.Madae Gowda Institute of Technology (GMIT) at Mandya and was residing in the hostel college as it was more convenient for her than to travel from her residence at Thalagavadi Village, Malavlli Taluk every day. It is further contended that it was in the interest of her health to be in the hostel as she was suffering from severe depression and the doctor, who treated her had advised the petitioner that if she spends more time with her friends, it would help in her treatment. As such, the petitioner and his wife (parents of the detenue) had decided to get their daughter admitted to hostel for her studies. It is further contended that while Nisarga was studying in the said institute, it appears that respondent No.2, who was a van driver at G.Madae Gowda Institute of Technology was assigned the duty of dropping girl students from their hostel to the college and back from the college to the hostel and by taking advantage of the said situation, respondent No.2 herein has befriended with Ms. T.N.Nisarga and taking advantage of her innocence, he instigated and convinced her to leave her parents and to go with him. Accordingly, on 13/05/2022, the petitioner's daughter left for college from the hostel and thereafter, she did not return back to the hostel and as such, the hostel authorities informed the said fact to the petitioner. After receiving information from the hostel Superintendent, the petitioner enquired the whereabouts of his daughter with her friends. Initially, none of her friends revealed anything, but only on 15/05/2022, some of her friends informed the petitioner that respondent No.2 herein might have taken her away. Immediately, the petitioner tried to reach respondent No.2 on his mobile phone which he had got from the friends of his daughter, but he did not respond and when the petitioner went looking for the respondent No.2/driver of the van in the address stated above, he threatened the petitioner and being aggrieved by such illegal acts, the petitioner lodged a police complaint with respondent No.1 police on 15/05/2022 and the police registered the complaint in Crime No.145/2022 for the offence punishable under Sec. 363 of the Indian Penal Code, 1860. Thereafter, on 17/05/2022, respondent No.1 had summoned the daughter of petitioner and respondent No.2 herein and they came to the police station. This fact was informed to the petitioner. Immediately, the petitioner and his wife rushed to the police station. Inspite of begging and pleading, respondent No.1/police, the police did not permit the petitioner and his wife to speak to their daughter and sent her away with respondent No.2 herein. Hence, this writ petition is filed for the relief sought for.

(3.) When the matter is listed today for orders, this Court was about to direct the learned Government Pleader to take notice for the State/respondent No.1, by then, the petitioner/T.L.Nagaraju, who is present before the Court during the proceedings gave information about his daughter to the learned senior counsel, Sri Satish M.Doddamani, who on instructions submitted that the petitioner's daughter is within the Court premises. Thereafter, this Court sent the police constable attached to this Court along with petitioner to request T.N.Nisarga and respondent No.2/Nikhil @ Abhi to come before the Court. Accordingly, both Nisarga and Nikhil @ Abhi appeared together before the Court.