REUNUKAMMA Vs. DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE

JUDGEMENT

(1.) The paternal Aunt of the detenue has filed this petition under Sec. 226 of the Constitution of India praying for the following reliefs:

(2.) It is the case of the petitioner that District Magistrate, Bengaluru Rural District had passed detention order dtd. 28/12/2022 to detain him under the provisions of Sec.3(2) of the Karnataka Prevention of Dangerous Activities of Boot-leggers, Drug-offenders, Goondas, Immoral traffic offenders and slum- grabbers(Amendment) Act, 1987, (hereinafter referred for short as 'Act'). The copy of the detention order was served on the detenue. The said detention order was sent to the Government for approval. The Government after obtaining the report from Advisory Board, passed impugned order as per Annexure-C dtd. 5/1/2023, approving the detention order passed by the District Magistrate. Thereafter, vide order dtd. 21/1/2023, State Government ordered to detain the detenue for a period of one year form 28/12/2022. The said orders are challenged in the present petition.

(3.) The learned District Magistrate mentioned about 17 crimes registered against detenue in various police stations such as Dabaspete, Nelamangala Town, Kaduru, Thyamagondalu, Nelamangala Rural, etc., for various offences and it is stated that the said cases are pending before the respective Court for adjudication. It is also stated in the detention order passed by the learned District Magistrate that detenue after obtaining bail from the respective Courts committed breach of conditions of bail orders and did not appear in some of the cases, for which non-bailable warrants were issued against him, which is pending for execution. The accused has been creating not only law and order problem but also creating disturbances in maintaining public order. He became menace to the Society. With these grounds, the learned District Magistrate passed the detention order dtd. 28/12/2022 and from that date onwards, the detenue has been detained in the custody, under the preventive detention Acts.