SATHVIK VISHWANATH v. STATE OF KARNATAKA

The petitioner, Sathvik Vishwanath, has filed this Habeas Corpus Petition ostensibly on the ground that Mr. B. V. Harish has been taken into custody by the officials claiming to be from the Central Crime Branch, Bengaluru, and the whereabouts of Mr. B. V. Harish are unknown.

2. Mr. Sandesh J. Chouta, the learned AAG, submits that on 23.10.2018, an FIR was registered by the Cyber Crime Police in Crime No.3761/2018, for offences under Section 66 of the Information Technology Act, 2000, and Sections 34, 468, 120B, 420, 465, 474, and 471 of IPC. It is in relation to the said FIR that Mr. B. V. Harish was arrested by the police, and duly produced before the Jurisdictional Magistrate. According to Mr. Chouta, the learned Magistrate has sent Mr. B. V. Harish to the police custody. Therefore, according to Mr. Sandesh J. Chouta the detention is not an illegal one, but it is in accordance with the procedure established by law.

3. The learned counsel for the petitioner submits that the petition was filed as the whereabouts of Mr. B. V. Harish were unknown, and the petitioner was in bonafide belief that Mr. B. V. Harish is being illegally detained by the Central Crime Branch, Bengaluru.

4. Mr. B. V. Harish has been produced by the police before this Court. Considering the fact that Mr. B. V. Harish has been arrested due to an FIR being registered against him, and considering the fact that he is in police custody for further investigational purposes, his custody cannot be said to be an illegal one. Hence, this Court does not find any merit in the present Habeas Corpus Petition. It is, hereby, dismissed. SD/- JUDGE SD/- JUDGE