BENGALURU: The high court dismissed a habeas corpus petition with a warning to the petitioner not to repeat the mistake of misusing the process of court for family disputes.
Hombale Gowda, a resident of Uttarahalli in Bengaluru, had petitioned the court seeking that Subramanyapura police be directed to produce his wife Shwetha before the court, claiming she had been kidnapped.
His claim was that around 5.30pm on April 27, 2022, DK Raju, Sanjeev Kumar, Jaga and Gunda came to his shop, abused him in filthy language and tried to hit him on the head with a beer bottle. According to him, he ducked and the bottle hit his shoulder, chest and head, due to which he sustained grievous injuries. He said the attackers also warned him that within one week they would visit his home and kidnap his wife. Following this, he lodged a complaint with the jurisdictional police.
Gowda contended that around 11.45am on May 17, the said persons barged into his house and kidnapped his wife Shwetha in the presence of their children.
On the other hand, cops informed the court that on May 23, Shwetha went to Subramanyapura police station and gave a statement that on account of Gowda’s irresponsible attitude towards his family and frequent quarrels, she had left her marital home. When she came to know that he had lodged a complaint, she gave her statement at the police station. Later, she went back to her husband’s house, the court was further told.
“The wife has returned to husband’s house. We feel this is nothing but a family dispute and the petitioner is trying to misuse the process of court. Though we are inclined to impose heavy cost on the petitioner, we will refrain from doing so. The writ petition is dismissed with a warning to the petitioner not to repeat such mistakes in future,” a division bench headed by justice B Veerappa observed while dismissing the petition.
