1

IN THE HIGH COURT OF

CIRCUIT BENCH AT DHARWAD

DATED THIS THE 28 TH DAY OF JANUARY 2013

PRESENT

THE HON’BLE MR.JUSTICE H.BILLAPPA

AND

THE HON’BLE MRS.JUSTICE B.S.INDRAKALA

W.P.H.C.NO.501/2013

BETWEEN:

SMT.SAROJINI, W/O BABURAO MASTIHOLI, AGE: 64 YEARS, OCC: HOUSEHOLD WORK, R/O H.NO.689, II CROSS, VIDYANAGAR, ANAGOL, . …PETITIONER (BY SRI.SANTOSH B.MANE, ADV.)

AND :

1. STATE OF KARNATAKA, REP.BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS, VIDHANA SOUDHA, BANGALORE-560001.

2. INSPECTOR GENERAL OF POLICE, STATE OF KARNATAKA, NRUPATUNGA ROAD, BANGALORE – 560 001. 2

3. SUPERINTENDENT OF POLICE, BELGAUM DISTRICT, BELGAUM.

4. THE CIRCLE INSPECTOR, TILAKWADI POLICE STATION, BELGAUM.

5. AMITH PARIWAL, OCC: BUSINESS,

6. SANJAY GOR, OCC: BUSINESS,

BOTH RESPONDENT 5 & 6 ARE PARTNERS M/S PREET ENTERPRISES, SIDDHI VINAYAK COMPLEX, BEHIND MANICKBAG MOTORS, MADHVA ROAD, SHAHAPUR, BELGAUM-591100. …RESPONDENTS

(BY SRI.MAHESH WODEYAR, AGA FOR R1 TO R4, SRI.GANGADHAR S., ADV. FOR R5 AND R6)

THIS WP(HC) IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF , PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF HABEAS CORPUS, DIRECTING THE 4 TH RESPONDENT POLICE PRODUCE THE BODIES OF BABURAO S/O BASAVANTAPPA MASTIHOLI, HIS SON MAHANTESH MASTIHOLI AND SHANKAR NINGAPPA BEFORE THIS HON’BLE COURT.

THIS PETITION COMING ON FOR ORDERS THIS DAY, BILLAPPA, J., MADE THE FOLLOWING:-

ORDER

Sri.Mahantesh Mastiholi the son of petitioner and Sri.

Shankar Ningappa Hulikatti are produced before the Court by 3

Sri.M.P.Sarvagol, Circle Inspector of Police, Tilakwadi Police

Station, Belgaum.

2. Sri.Mahantesh Mastiholi and Sri.Shankar

Ningappa Hulikatti state that they were never detained by the police. There were called to the police station and questioned by the police and thereafter, they were asked to go.

Sri.Mahantesh Mastiholi states that, his mother has gone to

Bangalore to take care of his father who is hospitalized.

3. In view of this, the learned counsel for the petitioner submits that the petition may be dismissed.

4. Accordingly, the petition is dismissed placing the submission on record.

Sd/- JUDGE

Sd/- JUDGE

MBS/-