M. RAJAPPA S/O MUNIVEERAPPA Vs. STATE OF KARNATAKA BY DIRECTOR GENERAL OF POLICE AND INSPECTOR GENERAL OF POLICE, STATION HOUSE OFFICER ANEKAL POLICE STATION, T. RAJU S/O THIMMARAYAPPA AND MANJUNATH S/O VENKATESH

JUDGEMENT

(1.) WRIT petitioner one M Rajappa, a resident of Anniyalam Village, Denkhanikote Hobli and Taluk, Krishnagiri District of the State of Tamil Nadu has presented this writ petition for issue of a writ of habeas corpus and for securing the release of his sister by name Kumari Manjula who it was apprehended is under the illegal and forceful custody of the respondents 3 and 4 -residents of Sammanahalli Village, Sarjapura Hobli, Anekal Taluk, Bangalore District.

(2.) THE petition averments are that said Kumari Manjula was residing with her parents at Anniyalam Village and was working in a garment factory called 'Fashion Craft' at Marasur Village near Anekal; that the sister of the petitioner would leave her village by 7 am in the morning and would normally return by 7.30 pm in the evening, but on 13.3.2009 though she left her village as usual, did not return in the evening with her other sister Ambuja who is also working in the same factory and even thereafter as said Manjula did not return, the petitioner and his people searched for her, made enquiries and on such enquiry and verification learnt that the respondents 3 and 4 used to follow the sister of the petitioner and suspecting foul play, the petitioner had lodged a complaint on 14.3.2009 with the Anekal Police, Anekal Taluk, Bangalore District; that though the petitioner complained that he is apprehending respondents 3 and 4 to have kidnapped her sister, the second respondent -station house officer of the Anekal Police Station did not agree to register the complaint in this manner but instead compelled the petitioner to give a missing complaint in respect of his sister and registered a case on the basis of such missing complaint in crime No. 32 of 2009; that notwithstanding the complaint, the parents having not made commensurate efforts to trace the girl and with the respondents 3 and 4 also absconding from the house subsequent to the complaint and with the petitioner apprehending safety to the life of missing Kumari Manjula and also suspecting that she may be under the illegal custody at the behest of respondents 3 and 4, has presented this writ petition.

(3.) ON 9.4.2009, the missing girl Manjula was produced before this court by one Marikalegowda, Sub -Inspector who was accompanied by Ms. Radhika, Woman Police Constable at Anekal Police Station.