N.SURESH NALAPPA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This Writ Petition (Habeas Corpus) is filed by father of the detenu by name Vishnu S/o N Suresh aged about 23 years (for short 'detenu') challenging the order of detention passed by the respondents and also prayed to quash them. The petitioner has prayed for following reliefs:

(2.) Brief facts of the case are that the detenu has been in the habit of indulging in acts which are in violation of public peace since 2018 and has been involved in serious criminal offences such as attempt to murder, robbery, kidnapping for ransom, extortion, assault, house-breaking, theft, voluntarily causing hurt by dangerous weapon, wrongful restraint and criminal intimidation, among other offences which have instilled fear and insecurity in the minds of the public and engaging in illegal activities, violating bail conditions after being released on bail. Being a nuisance to law and order, despite being prosecuted in the criminal cases in which he was involved, he continued to engage in illegal activities, made a habit of committing criminal acts, and continued to commit criminal acts repeatedly. The order of detention issued on 2/4/2025 is sought to be confirmed under Sec. 3(1) of the Goondas Act. Since, 2018, 01 case in Pulakeshinagar police station of Bangalore city, 01 case in Byyappanahalli police station, 01 case in Avalahalli police station, 07 cases in Indiranagar police station, 01 case in Sulibele police station of Bangalore city, in total 11 cases have been registered.

(3.) Thus, in the cases registered against the detenu, the rowdy sheet was opened and monitored and despite being seized and remanded by the Court, without bringing about any change in his life style, the detenu being in violation of the bail conditions and opportunities given to him to lead a better life, continuously failed to attend valid court hearings, engaging in criminal activities and continuing to commit criminal acts tending to destroy the welfare of the society, being harmful to public order. According to the Hooligan Act, it appears to be essential to maintain public order and security in the metropolitan city of Bangalore and it is reasonable to keep the said detenu in preventive custody.