IN THE HIGH COURT OF KARNATAKA AT BANGALORE

(ORIGINAL JURISDICTION)

WRIT PETITION No. /2009 (HABEAS CORPUS)

BETWEEN:

SRI. SHEIK JABIULLA @ BABA. ... PETITIONER

AND

STATE OF KARNATAKA & ORS. ... RESPONDENTS

I N D E X

Sl.
Particulars Page No.
No.

1 Synopsis

2 Memorandum of Writ Petition

under articles 226 & 227 of the
Constitution of India.

3 Verifying Affidavit

4 Annexure – A:
Wedding invitation card.

5 Annexure – B & B1:

Marriage Photographs

6 Vakalatnama

(K. ABHINAV ANAND AND C. NAGESH)

BANGALORE ADVOCATE FOR PETITIONERS
DATE: .02.2009
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

WRIT PETITION No. /2009 (HABEAS CORPUS)

BETWEEN:

SRI. SHEIK JABIULLA @ BABA. ... PETITIONER

AND

STATE OF KARNATAKA & ORS. ... RESPONDENTS

S Y N O P S I S

Sl.
Date Event
No.

1 18.11.2007 Date of marriage of the

petitioner with Smt. Salma Taj.

2 November Smt. Salma Taj was taken by the

2008 4th respondent to his house.

3 27.11.2008 Male child was delivered by Smt.

Salma Taj.

4 09.12.2008 Date of last meeting of the

petitioner with Smt. Salma Taj.

BRIEF FACTS OF THE EVENTS

The petitioner submits that he married Smt.

Salma Taj on 18.11.2007 at Srinivasapura Town, Kolar

District. The 4th respondent took Smt. Salma Taj to

his residence at Srinivaspura Town, Kolar District

for delivery. Since 09.12.2008, the 4th respondent

kept Smt. Salma Taj and the child in captivity and

not allowing the petitioner to see them.

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The petitioner approached the respondents 2 &

3 and lodged Police complaint against the 4th

respondent demanding the custody of his wife and

child but in vain. When all the efforts have failed,

the petitioner is before this Hon’ble Court with

this writ petition.

(K. Abhinav Anand)

BANGALORE ADVOCATE FOR PETITIONER
DATED: .02.2009
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

(ORIGINAL JURISDICTION)

WRIT PETITION. NO. / 2009 (HABEAS CORPUS)

BETWEEN:

SRI. SHEIK JABIULLA @ BABA

S/o late Sri. Pyarusab,
Aged about 26 years,
R/o Yalachahalli,
Nandagudi Hobli,
Hosakote Taluk,
BANGALORE RURAL DIST. ... PETITIONER

AND

1. STATE OF KARNATAKA
Represented by the Principal Secretary
to Government,
Home Department,
Vidhana Soudha,
BANGALORE-560 001.

2. THE SUPERINTENDENT OF POLICE,

KOLAR DISTRICT,
KOLAR.

3. THE STATION HOUSE OFFICER,

SRINIVASAPURA POLICE STATION,
Srinivasapura,
KOLAR DISTRICT.

4. SRI. HUSSAIN,
Police Constable,
Srinivasapura Police Station,
Srinivasapura,
KOLAR DISTRICT. ... RESPONDENTS

*****
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MEMORANDUM OF WRIT PETITION UNDER ARTICLES 226 & 227

OF THE CONSTITUION OF INDIA

The petitioner above named respectfully submits

as under:

1. The petitioner submits that he married

one Smt. Salma Taj D/o Sri. Sheik Buden Sab,

resident of Srinivasapura Town, Kolar District,

under customs and usages of Mohameden Law on

18.11.2007. The marriage occasion was celebrated at

Srinivasapura Town. The wedding invitation card is

produced herewith as ANNEXURE-A. The

photographs of the petitioner and his wife are

produced herewith as ANNEXURES-B & B1.

2. The petitioner submits that after the

marriage he and his wife led married life at

Yelachehalli village, Nandagudi Hobli, Hosakote

Taluk, Bangalore Rural District. His wife Smt. Salma

Taj became pregnant and she was taken by the 4 th

respondent being her elder brother to Srinivasapura

in the month of November 2008 for delivery. She

delivered a male child on 27.11.2008 in the house of

the 4th respondent. The petitioner used to visit

Srinivasapura to see his wife and child. He was

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meeting the expenditure towards his wife and child.

His last meeting of his wife and child was during

Ramzan festival on 09.12.2008. Thereafter, though he

visited the house of the 4th respondent on number of

occasions, he was unable to see his wife and child

in the house of the 4th respondent.

3. The petitioner submits that out of

anxiety he made enquiry with the 4th respondent

about the whereabouts of his wife and

children. But he is unable to know the whereabouts

of the wife and child. When the 4 th respondent was

confronted, he is not giving satisfactory account of

Smt. Salma Taj and the male child. The 4th

respondent suggested to the petitioner to give him

rupees one lakh being delivery expenses. When the

petitioner questioned the details for such a huge

expenditure, the 4th respondent threatened the

petitioner that if he is interested to get his wife

and child, he shall shell down the money. The

petitioner made arrangements and paid a sum of

Rs.43,000/- (Rupees Forth-three Thousands only) and

requested the 4th respondent to give back his wife

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and child. The 4th respondent demanding the balance

amount and continuing to keep Smt. Salma Taj and the

child in captivity.

4. The petitioner submits that he than

approached the 3rd respondent and lodged a complaint

against the 4th respondent demanding the custody of

his wife and child. The 3rd respondent made formal

enquires and he did not make sincere efforts to get

the wife and child of the petitioner. Then he met

the concerned Deputy Superintendent of Police and

requested for his help in getting the custody of his

wife and child. Again the efforts were in vain. Then

he met the 2nd respondent and requested for help.

But no trace of his wife and child. When the 4th

respondent was again met and demanded, he is

demanding the balance amount to get the custody of

his wife and child. The 4th respondent is continuing

to keep the wife and child in captivity.

5. The petitioner submits that without

there being any alternative and efficacious remedy,

he is approaching this Hon’ble Court with this writ

petition, on the following among other grounds.

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6. The petitioner submit that there is no

similar writ petition filed earlier or pending in

connection with the reliefs prayed for in this writ

petition.

GROUNDS IN SUPPORT OF THE WRIT PETITION

7. The petitioner submits that his wife

Smt. Salma Taj and his child are kept in captivity

by the 4th respondent demanding ransom. The efforts

made by the petitioner so far have not resulted in

getting the custody of his wife and child.

8. The petitioner submits that the

respondents 1 to 3 have not made sincere

efforts in getting the custody of his wife and

child despite repeated complaints lodged. His

wife and child are continuing in captivity by

the 4 t h respondent.

9. The petitioner submits that all the

efforts made so far have failed in getting the

custody of his wife and child. The whereabouts of

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his wife and child is not being revealed by the 4 th

respondent. The custody of his wife and child can

be got only through a writ of Habeas Corpus that may

be issued by this Hon’ble Court.

P R A Y E R

WHEREFORE, the petitioner respectfully prays

that this Hon'ble Court may be pleased to:

a) Issue a writ of Habeas Corpus against the

respondents and direct them to
produce the wife and child of the
petitioner;

b) Pass such other writ/s, direction/s,

order/s as deemed fit to pass under the
facts and circumstances of the case in
the interest of justice and equity.

(K. ABHINAV ANAND AND C. NAGESH)

BANGALORE ADVOCATE FOR PETITIONER
DATED: .02.2008

Address for Service:

K. Abhinav Anand, B.Sc., M.A., M.L.,

Advocate,
No.4, 1st Floor,
5th Main (Opp. Tribhuvan Theatre),
Gandhinagar,
Bangalore-560 009.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

WRIT PETITION. NO. / 2009 (HABEAS CORPUS)

BETWEEN:

SRI. SHEIK JABIULLA @ BABA. ... PETITIONER

AND

STATE OF KARNATAKA & ORS. ... RESPONDENTS

VERIFYING AFFIDAVIT

I, Sheik Jabiulla @ Baba S/o late Sri. Pyarusab,

aged about 26 years, resident of Yalachahalli,
Nandagudi Hobli, Hosakote Taluk, BANGALORE RURAL
DIST, today having come over to Bangalore City, do
hereby solemnly affirm and state on oath as follows:

2. I submit that I am the petitioner and I

know the facts of the case.

3. I hereby declare that what is stated at

Paras–1 to 9 of the accompanying memorandum of writ
petition are true and correct to the best of my
knowledge, belief and information.

IDENTIFIED BY ME

ADVOCATE
BANGALORE
DATED: 27.03.2006
NO. OF CORRECTIONS:
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