VARSHA K.V. Vs. COMMISSIONER OF POLICE BENGALURU

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, The petitioner who is the wife of the detenue has filed this petition assailing the validity of the order of detention dtd. 2/2/2023 passed under Sec. 3(1) of the provisions of Karnataka Prevention of Dangerous Activities of Bootleggers, Drug offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers and also Video and Audio Pirates Act, 1985 (hereinafter referred to as 'the Act' for short) as well as the validity of the order dtd. 10/2/2023 passed by the State Government under Sec. 3(3) of the Act. The petitioner has also assailed the validity of the order dtd. 3/3/2023 passed under Sec. 13 of the Act.

(2.) Facts giving rise to filing of this petition briefly stated are that admittedly the detenue was in custody in connection with Crime No.253/22. A bench of this court by an order passed on 1/2/2023 granted bail to the detenue. However, before the detenue could be released on bail, the Commissioner of Police passed an order under Sec. 3(1) of the Act. A copy of the said order was forwarded to the State Government for confirmation on 3/2/2023. Thereupon an order on 10/2/2023 was passed under Sec. 3(3) of the Act.

(3.) Thereafter, the detenue submitted a representation to the Advisory Board, which was received by the State Government on 17/2/2023.