SUVARNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS writ petition under Articles 226 and 227 of the Constitution of India seeking for issue of a writ of habeas corpus in respect of one Siddaram Koli is by his wife on the allegation that her husband Mr. Koli is held in illegal custody at the Bijapur Central Prison by the second respondent- Jail authorities; that the detention of the person in the jail has become illegal as the person though had been produced before the learned JMFC, Indi in Crime No. 100 of 2008 by the Jalaki Police Station, lndi Taluk, Bijapur District and had been initially remanded to judicial custody for about two weeks as per order dated 26. 12.2008 upto 9.1.2009 authorizing such detention, the further extension of the detention of the said person in terms of the order dated 9. 1.2009 and even thereafter also is contrary to the provisions of Section 167 [2] [b] of the Criminal Procedure Code, 1973 (for short 'the Code') as admittedly the accused person had not been produced before the Court when the learned Magistrate passed orders extending the period of judicial custody.

(2.) IT is on such premise, a writ of habeas corpus is sought for, for the release of the person from the custody at the Central Prison, Bijapur.

(3.) WE have heard Sri. Amresh S. Roja, learned Counsel for the petitioner and Sri. Kumman, learned Government Advocate appearing for the respondents.