High Court Karnataka High Court

Srinivas Y S S/O Lt Subbannaiah vs The State Of Karnataka on 20 January, 2010

Karnataka High Court
Srinivas Y S S/O Lt Subbannaiah vs The State Of Karnataka on 20 January, 2010
Author: K.Sreedhar Rao B.Adi
IN THE HTGH COUQT O? KAQNATAKA AT BANGALODE
DATED THES THE 20"" DAY OF JANUAQY 2010

PRESENT

THE i-iO§\€"8{E MRJUSTECE KS9EEeHAR.--.R:AQ.fc:'V'  A

AND  

THE HONBLE MRJUSTICE:'€:,*u8'HTA'SH'TTe.A5i'y   

wen PETSTION (H'c{:n:o.2o2r'2rJo9e 

BETWEEN:

Sri; Srinivas YAS   
Sic iate Subbannac.ia§'s::_V  ~

Age: 5% years. _    . A 

Occ: Medical F?'epr'e'eer*£i'ai.a._ve,"-.jf-.We  __ V.
R50 Sri Veni<aie=sh"»3ner's dau"ght'1er'As'n.wi..ni'Y,S.:

before this Hon’bie Court and hand over physica~I’icustod’3’_.to épeltitioriveir

forthwith. _

foliowingz

V B. E

One Kum.Ash.Wini, agedihaboiu-t.’2.?t iuearsiitsisiiithe daughter ot

the petitiqifieff petitii’on’erV:state’s”that his daughter is missing

since 4.1 t.’2.0t)9. V He complaint oetote the Police.

Case isV:fegiste’%ed’un.d.erE3ec’tions 363, 366 and 309 EPC against

it Eevspo ndiem;-sE\io’;i-3 aad one” Gopal.

ii’=:”a..,’tseat’t:–ed’T;iCounsel tor the petitionet submits that the

i’espon.ctent”V.t\io.’§ has enticed his daughter. who is rnentaity iii

….iV’s.utienng item episodic psychosis. The respondent No.3 has

“*–o–ra’ii’tvt?ashed the detenue. The custody of the detenue with third

‘V V “r.e.spondei1t is iilegai and not out of free consent. tie states that

y

This Petition coming on fO{ ord’e.r:s”ithis da’y,._th’e. rhade the

the Poiice have not taken efteetive action against the complaint.

Hence. Writ of Habeas Corpus is filed.

(3. The resperiderrt No.3 has appeared throug[1.._CoVLtn.’s;e’t-,V

atong with the detenue. The court made enqniriies vxj/jitwtii’ ‘

detenue. She states that she was in toye yi_ri’ti’..respond’e.r_it._N’o’.3’5

for the past two years. She diVs.ci_osed”~–her.. iove_tatta’iir

parents and her intention to marry re’spo’r1dent’hr3,”‘:3_jhfheivparents
tortured and harassed her ‘.hio:sVti.iie’attitudeiwaoainst her
and prevented her from No.3. The
detenue states ‘_ef.Vt:r’–eei._wE;iE.phshiehhas-«»r:riarried respondent
No.3 V:”‘i?’he’:§dVetenue aiso states that
she is ohanged her name as Noor

Fathima. Ttievdetenuei fti’rtt14e”r–._st’a’tes that she had tear psychosis

few years’ ‘each titrtrtyehv she was made to steep alone by her

“pare’nt_s_. Sr-.9 ‘»r4v4a~sv becoming sleeptess and deveioped some sort

oi dLtri_ng time but she has been treated for about two

rnoiiths”ant§_sh’e”has become airight.

A = eriauiry made with the detenue by the court reveats

‘:’vth_,at.Fshe is of SOi,i.Fid state of mind and nut of tree vetitien has

rnarried respondent No.3. in the circumstances. we find that

&//

there ss no case of mega! detefltiorl 0r abduction as sought :0 be

pmjecied by the peiitiorwey in the peméon.

Hence. the ;::»eti%i0n is dismissed.

Sd/”*1

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