B C BUDDADAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner filed writ of habeas corpus against the respondents for production of minor girl Priyanka (victim) said to be kept in illegal detention by r2. Priyanka was traced by Devanahalli Police and was produced before this Court. The victim on 28-1-2007 submitted to this Court that her parents are contemplating to get her married with one Nagesh against her will and she was not willing to discontinue her education, r2 assured that he would help her in prosecuting her studies. Therefore, stated that she would like to stay with R2. This Court taking into consideration the statement of the victim directed the petitioner not to perform her marriage during her minority and Priyanka was given to the custody of the petitioner.

(2.) DEVANAHALI police have registered a case against R2 and others for committing offences u/ss. 366a, 342 IPC etc. in Crime No. 208 of 2007. The I. O. after registration of the crime for the purpose of the investigation summoned the petitioner and her mother to record their statements. According to the I. O. the victim and her mother did not turn up to give statements.

(3.) PER contra, the petitioner contends that the Devanahalli PSI misbehaved with the victim after she was traced, insisted her to remove mangalya and told her that she should give a statement to the effect that during the period of absence from her house she was staying with her friends.