Damalya v. State of Karnataka, Through Home Secretary
2009-12-10
D.V.SHYLENDRA KUMAR, K.N.KESHAVANARAYANA
body2009
DigiLaw.ai
Judgment :- D.V. Shylendra Kumar, J. A little positive, binding legal pressure definitely makes our police to work and even produce good results. 2. That is, what happened in this writ petition for issue of a writ of habeas corpus by a father in respect of his daughter by name Honnamma, who had been complained of having been kidnapped/abducted on 28.11.2009 around 10 P.M. in the night while the father along with his wife, daughter and other relatives, who had gone for shopping in connection with purchases required to be made for the purpose of the marriage of the very girl scheduled to be held on 3.11.2009 and while they were returning after their shopping and were near Karihalla in the vicinity of Beerankal Tanda, Shahapur Taluk, Gulbarga District were way-laid by the 4th respondent, who along with his friends/relatives, had accosted them and had come there in a Cruiser van, assaulted the party and fled away with the girl Honnamma by using physical force and preventing the girl from either shouting or screaming or even making any attempt to escape their forcible taking away of the girl. 3. It is in respect of this incident, the petitioner had lodged a complaint with the Wadigera Police, on the next day at about 10 a.m., and it appears that on the basis of this information, Crime No.126/2009 has been registered at the Station in respect of the offences alleged against the accused persons named in the FIR for punishment under Sections 147, 323, 341, 504, 506 and 366 of IPC read with Section 149 of IPC. 4. When the petitioner was not able to trace his daughter or the 4th respondent-accused, who had caused her disappearance by using force etc either on his own efforts or even after the complaint to the police, they also not responding positively, has approached this Court by filing this writ petition for issue of a writ of habeas corpus on the ground that the 4th respondent is keeping the petitioner’s daughter in illegal custody. 5. One another ground urged in the writ petition is that, the jurisdictional police though are aware of this development, are not taking any positive steps for identifying the location where the girl is kept in illegal custody of the fourth respondent and therefore, the writ petition. 6.
5. One another ground urged in the writ petition is that, the jurisdictional police though are aware of this development, are not taking any positive steps for identifying the location where the girl is kept in illegal custody of the fourth respondent and therefore, the writ petition. 6. Notice had been issued to the respondent, the State of Karnataka through Home Secretary, Vidhana Soudha, Bangalore-1, figuring as first respondent; the Superintendent of Police, Gulbarga, District Gulbarga, figuring as second respondent; the Police Sub-Inspector, Wadigera Police Station, Taluk: Shahapur, District: Gulbarga, figuring as third respondent and Sunil the accused, figuring as fourth respondent. 7. While Smt. Anuradha Desai, Learned Addl. SPP, who had been furnished with an advance copy of the writ petition was also directed to take notice for Respondents No. 1 to 3, the registry having noticed some deficiencies regarding service of notice on the 4th respondent, the matter is listed today before the Court for such purpose. 8. However, noticing the development we had already passed an order on 9.12.2009 as under: ORDER Ms. Anuradha M. Desai, Learned SPP, submits that the respondents have made some breakthrough in their efforts to locate the abducted girl and that her instructions are that the police have traced her today at Bangalore in the company of the 4th respondent who incidentally figures as a suspect in the complaint lodged by the very writ petitioner before the jurisdictional police, i.e. Wadigera Police Station. Ms. Anuradha Desai further submits that the police with the girl and the 4th respondent may reach Gulbarga in the early hours of 10th December, and therefore, requests that the matter be listed tomorrow so that the respondents will be in a position not only to file counter affidavit, but also in fact produce the girl before the Court. Call this matter on 10.12.2009.” 9. When the matter was taken up today, the jurisdictional police particularly Mr. M.G. Patil, PSI of Wadigera Police Station, who is the IO in respect of the very case and Mr. V. Rajkumar, Circle Inspector of Police, incharge of the very station have come and produced the girl stating that the girl was located in a room in Mahadevapura in the vicinity of Bangalore City that she had been lodged thereby the 4th respondent with the help of his relatives etc. 10. Mr.
V. Rajkumar, Circle Inspector of Police, incharge of the very station have come and produced the girl stating that the girl was located in a room in Mahadevapura in the vicinity of Bangalore City that she had been lodged thereby the 4th respondent with the help of his relatives etc. 10. Mr. V. Rajkumar, stated before us that the girl was found in the Company of 4th respondent and she was in the forcible confinement of the 4th respondent and further stated that they have rescued the girl, taken the 4th respondent into custody and that while the girl is being produced before the Court, the accused persons will be produced before the Jurisdictional Magistrate as per the procedure in law. 11. The girl appeared to be in a state of fear and showing sings of fear exhaustion and could hardly bring out a word. Parents of the girl also have come to the Court today and while the girl was identified by her parents, the parents in turn have also confirmed, she is their missing daughter. 12. A counter affidavit is also filed by Sri M.G. Patil, the Investigating Officer in the case, who is the third respondent in the writ petition, indicating the developments as noticed above. 13. While there appears to be still some loose ends to be tied up, and few explanations are required to be offered by the police, we find it is inevitable in any matter, which is handled by the police. 14. With the outcome of the present writ petition being to produce the girl, who had bed locked up and having freed her from illegal custody and the girl having indicated before us that she is ready and willing to go with her parents, the purpose of a writ petition of issue of a writ of habeas corpus is served and the matter comes to an end. The girl, who had been sent in the Company of Smt. Anuradha Desai, Learned Addl. SPP, to Counsel her to put her at case, appears to have made complaints about the rough and illegal treatment meted to her during illegal custody and she has been physically and sexually abused by the fourth respondent etc., 15.
The girl, who had been sent in the Company of Smt. Anuradha Desai, Learned Addl. SPP, to Counsel her to put her at case, appears to have made complaints about the rough and illegal treatment meted to her during illegal custody and she has been physically and sexually abused by the fourth respondent etc., 15. We record this only for the reason that we would not have allowed a further physical medical examination of the girl, if it was not necessary and could have allowed the girl to go in the Company of the parents, but her version narrated before the Learned State Additional Public Prosecutor necessitates the girl being medically examined and certified by the Doctor before being sent to her parents. 16. We cannot avoid expressing our surprise and dismay at the manner in which the girl was brought from Bangalore to Gulbarga over night and that too without any lady constable or lady officer accompanying the girl, who on mere looks, appears to be more a minor girl than of 20 years of age as indicated in the writ petition. 17. Police should necessarily ensure that whenever women and more so girls of minor, tender age are to be brought before the Court, even if they were accused, should accompanied by a lady police officer, more so in a matter like this whether the girl is a poor victim of circumstances and not any accused. 18. It is rather unfortunate our police treat all persons alike as though they are all accused persons, which should be discontinued and the police should learn to treat every person with some respect, dignity and at any rate persons, who are not accused of committing any offence to be treated as normal civilians and not in any other manner. 19. We direct that a lady police officer shall accompany the girl along with her parents for medical examination, which can be arranged at the District Hospital at Gulbarga right away. It should be completed expeditiously and the girl allowed to go with her parents. 20. The police also to follow up further action in respect of the complaint pending before the Police Station and the outcome of the medical examination would become part of the investigation process. 21.
It should be completed expeditiously and the girl allowed to go with her parents. 20. The police also to follow up further action in respect of the complaint pending before the Police Station and the outcome of the medical examination would become part of the investigation process. 21. We place on record our appreciation of the prompt and quick response on the part of the police in this case and we hope and trust such will be the response on the part of the police in every other case. 22. We also appreciate the valuable services rendered by Smt. Anuradha Desai, Learned Addl. SPP for the State, in assisting the Court by counseling the poor girl by doubling up as (Counsellor) to Counsel young minor, traumatized girls, who are victims of circumstances. 23. Petition comes to an end with the police having complied with the directions for production of the missing abducted girl and that having provided the relief to the petitioner as sought for in the writ petition. Ordered accordingly.