RENUKAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who is the mother of the detenu by name Galappa @ Gala @ Surya @ Thikla son of Chikkanna has filed this petition seeking declaration that the detention of the detenu Galappa by the first respondent vide Order No.05/CRM(4)/DTN/2018 dated 13.4.2018 at Annexure-A, which is confirmed by the respondent No.1 vide Order No.HD 253 SST 2018 dated 24.4.2018 as per Annexure-B and Order dated 21.5.2018 as per Annexure-C are all void ab-initio and direct the release of the detenu from the custody and set him liberty.

(2.) Though various grounds are urged at page 5 of the petition, the learned counsel has concentrated mainly on three grounds which are:

(3.) We have gone through the detention order passed by the detaining authority. The first respondent as per Annexure-A1, has made out as many as 16 grounds for detention of the detenu. In ground No.1 pertaining to Crime No.109/2005 registered for the offence punishable under sections 143, 144, 147, 458, 427, 323, 506 read with Section 34 of IPC, the accused has been acquitted. Likewise in Crime No.214/2017, ground No.2; in Crime No.163/2008, ground No.3; in Crime No.172/2010, ground No.4; in Crime No.83/2011, ground No.5, the detenu had been tried and acquitted in the above said cases. However, in Crime No.131/2012, ground No.6; in Crime No.378/2014, ground No.9; in Crime No.102/2015, ground No.10; in Crime No.226/2016, ground No.12; in Crime No.428/2016, ground No.13; in Crime No.297/2017, ground No.14; in Crime No.388/2017, ground No.15; registered in various Police Stations, the detenu has been released on bail. Apart from the above, it is stated that he was involved in rowdy activities and therefore, a case in Crime No.71/2018 of Kengeri Police Station has been registered against him, in so far as ground No.16, the case is still under investigation.