Hasan Saheb @ Monu vs State of Karnataka

Manjula Chellur, J.—Heard the learned Counsel for the Petitioner as well as Mr. N.S. Sampangiramaiah, learned Government Pleader.

This Habeas-Corpus petition is filed by the Petitioner contending that the son of the Petitioner i.e., Mr. Siraj was arrested by the CCB Police on 14.10.2010 in connection with Crime No. 234/2010. However, he was ordered to be released on bail by this Court by order dated 24.1.2011 in Criminal Petition No. 5851/2010. Subsequently, he was not released as there was an order for body warrant in S.C. No. 700/2010.

Later, the said body warrant was recalled on 28.01.2011. However, it is the contention of the Petitioner that his son was not released by the Respondents and therefore he seeks for the intervention of this Court as there is illegal detention of said Siraj by the Respondents.

The oral submissions of Mr. Sampangiramaiah, Government Pleader are taken into consideration. He has furnished information that there is another case pending against the said Siraj in C.C. No. 267/2010 on the file of JMFC, Bantwal and he also furnished the concerned records for our perusal.

We note that there was an order for body warrant on 24.12.2010 to produce the under trial prisoner i.e., Mr. Siraj before the JMFC, Bantwal on 03.01.2011. However, this was not executed for want of escort. In other words, the body warrant has to be considered as spent by itself, as on the date of order of release of said Siraj on 28.01.2011 by recalling the body warrant in S.C. No. 700/2010, there was no order of any court to remand the said Siraj to judicial custody and the body warrant was not executed.

Under these circumstances, the detention of Mr. Siraj amounts to illegal detention, as there is no authority for the Respondents to keep him in judicial custody without any order. However, we note that subsequently on 31.01.2011, another body warrant was secured in C.C. No. 267/2010 on the file of JMFC, Bantwal to produce said Siraj before the court on 19.02.2011. This warrant is also yet to be executed. Therefore as on today, the detention of said Siraj is illegal on account of non-execution of the said body warrant, as the present order is secured subsequent to his release on 28.01.2011 and there is no procedure recognised under law to keep him in custody subsequent to 28.01.2011. Therefore, we direct the Respondent authorities to set the detenue Mr. Siraj, son of the Petitioner-Mr. Hassan Saheb, at liberty forthwith.

Registry is directed to intimate the concerned jail authorities to release the detenue Mr. Siraj, forthwith, if he is not required in any other case.