P. Yasodha vs State of Karnataka and K. Palani

In this case, petitioner has sought for a writ of habeas corpus against the respondents, directing them to secure and produce the petitioner''s daughter, Kum.P. Latha, before this Court, in the interest of justice and equity The grievance of the petitioner in the instant case is that the petitioner and third respondent are legally wedded couple having married in the year 1994 and out of the said wedlock, they have three children, two sons and a daughter. Since few years, there has been difference of opinion between the petitioner and third respondent, due to physical and mental torture alleged to have been suffered by the petitioner and also for the reason that the third respondent attempted to enter into second marriage. It is stated that the third respondent has taken all the three children to the temple at Ambur, Tamil Nadu and entered into second marriage with one R Jayanti in the year 2004. When petitioner came to know of the illegal marriage of the third respondent with one P. Jayanti, she left the house and came back to her parents'' house at Bangalore, along with her minor daughter, Kum.P. Latha. Thereafter petitioner filed a divorce petition in M.C.NO. 3548/2011, before the Principal Judge, Family Court at Bangalore and the same is pending adjudication.

Meanwhile, when the petitioner when to pick her daughter, who is studying IX Standard, on 17th April 2012, at about 6:00 A.M., from the tutorials, she could not find her daughter, Kum.P. Latha. Therefore, the petitioner was constrained to lodge a compiaint before the second respondent. J.J. Nagar Police Station. The said complaint has been registered in Crime No. 0097/2012 and the same is pending investigation. With this back ground, the present habeas corpus petition is filed, seeking appropriate reliefs, as stated supra.

Learned counsel appearing for petitioner at the outset submits that the life of the daughter of petitioner, Kum.P. Latha is in danger and she has not been traced and produced in spite of the complaint being registered in the Police Station. If anything untoward happens to her daughter, the police authorities are to be held responsible. Therefore, she prays that her daughter Kum.P. Latha may please be traced and produced before this Court.

4, As against this, learned Government Pleader appearing for respondents 1, 2 and 4, on instructions from the second respondent who is present before the Court, submits that in pursuance of the complaint given by the petitioner, immediately, the police have taken action by going to Ambur village along with the brother of petitioner, Shri Dhanraj and they have searched every nook and corner of the said place in search of Kum.P. Latha and they could not find her in the said village. Thereafter, they have also made all efforts to find her out by tracing the mobile call received by the daughter from her father from Ambur village. The matter is under active investigation by the police authorities,

Further, learned Government Pleader submits that, when a missing complaint has been registered and the police authorities are actively investigating the matter petitioner cannot maintain the petition for writ of habeas corpus before this Court to secure the presence of the petitioner''s minor daughter, Kum.P. Latha. The prayer sought is misconceived in nature and liable to be rejected. This is nothing but abuse of process of Court.

After careful consideration of the submission of the learned counsel appearing for both parties and after perusal of the prayer sought in the writ petition, it emerges that, petitioner in fact, has lodged a missing complaint as early as on 17th April 2012 and the same has been acted upon and registered in Crime No. 0097/2012 and the same is pending investigation. In spite of sincere efforts by the police authorities, they could not secure the presence of the minor girl, Kum.P. Latha

Learned Government Pleader appearing for second respondent, on instructions from the second respondent, who is present before the Court submits that, police will make sincere efforts to trace out Kum.P. Latha and expedite the investigation to trace her out and that action will be taken in accordance with law. In the light of the submission of the learned Government Pleader appearing for respondents 1, 2 and 4, on instructions from the second respondent who is present before the Court, and having regard to the facts and circumstances of the case, as stated supra, the writ petition filed by petitioner stands disposed of, with a direction to the second respondent to expedite the investigation and take action in accordance with law to trace out Kum.P. Latha, the daughter of petitioner, expeditiously.

Shri N.S. Sampangi Ramaiah, learned Government Pleader is permitted to file memo of appearance on behalf of respondents 1, 2 and 4 within four weeks from today.