- 1 - NC: 2025:KHC-K:2470-DB WPHC No. 200009 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 24TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE K NATARAJAN AND THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION HABEAS CORPUS NO. 200009 OF 2025 BETWEEN: SHARAANABASAPPA SHETKAR S/O CHANABASAPPA SHETKAR AGE: 52 YEARS, OCC: PRIVATE WORK, R/O 11-1-51, MANGALPET, VTC, BIDAR – 585401. …PETITIONER (BY SMT./KUM. VIJAYA MALLIKARJUNAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY SUPERINTENDENT OF POLICE BIDAR – 585403. 2. POLICE SUB INSPECTOR GANDHI GUNJ POLICE STATION, NANDI COLONY, TQ; DIST: BIDAR – 585403. 3. DISTRICT CHILD PROTECTION OFFICER WOMEN AND CHILD DEVELOPMENT BIDAR – 585403. …RESPONDENTS (BY SRI MALLIKARJUN BASAREDDY, GA) Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2470-DB WPHC No. 200009 of 2025 THIS WRIT PETITION HABEAS CORPUS IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION TO DIRECT THE RESPONDENT POLICE TO PRODUCE THE BODY OF KUM. GOURAV S/O SHARANABASAPPA SHETKAR BEFORE THIS COURT FROM ILLEGAL DETENTION OF WIFE OF PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K NATARAJAN AND HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER (PER: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL) This petition is filed by the father seeking the prayer to issue writ in the nature of Habeas Corpus against the respondent – Police to produce Kumar Gourav S/o Sharanabasappa Shetkar before this Court from illegal detention of the wife of the petitioner. 2. This Court issued notice to the respondents. The respondents entered appearance through the Government Advocate. Today the alleged detenue Kumar Gourav was produced before this Court by Smt. Shashikala W.A.S.I., Gandhi Ganj Police Station, Bidar. We had - 3 - NC: 2025:KHC-K:2470-DB WPHC No. 200009 of 2025 detailed interaction with the alleged detenue in-camera. The alleged detenue informed that he is currently residing with his mother at Kalaburagi in a rented premises and he has completed his 10th Standard from Guru Nanak Public School, Bidar. He further states that he is living happily with his mother and that he is willing to continue his stay with his mother. The mother of the detenue Smt Jayashree appeared through her counsel Sri Ravi B. Patil. The mother of the detenue informed that the minor daughter Kumari Shivani is with the petitioner and he is not providing any access to her. The petitioner who is physically present before the Court states that Smt Jayashree is not allowing the detenue to speak to him over the phone. 3. The petitioner volunteers that if the mother of the detenue makes a telephonic call to speak to Kumari Shivani, he would facilitate the same. Similarly, Smt Jayashree states that she would also facilitate the telephonic call of the petitioner by permitting the alleged - 4 - NC: 2025:KHC-K:2470-DB WPHC No. 200009 of 2025 detenue to speak over the phone. Both the submissions are placed on record. 4. We have meticulously perused the averments made in the petition, considered the wish of the alleged detenue and also considered the rival submissions with regard to the visitation of the children. We are of the considered view that insofar as prayer sought in the present petition would not survive for consideration in view of the fact that the alleged detenue has been produced before this Court and he has expressed that he is currently with his mother. Hence, there is no illegal detention. 5. The petitioner – father and the mother of the detenue have volunteered that they would facilitate each other to speak with the children in their custody. We are of the considered view that the petitioner shall make telephonic call to the mother of the detenue between 9 a.m. and 11 a.m. on every Sunday and the mother of the detenue has to facilitate the telephonic call between the - 5 - NC: 2025:KHC-K:2470-DB WPHC No. 200009 of 2025 petitioner and the alleged detenue. Similarly, the mother of the detenue can make a call to the petitioner between 11 a.m. and 1.00 p.m. on every Sunday and the petitioner shall facilitate by permitting Kumari Shivani to speak with her mother. 6. With the above observations, the writ petition is disposed of. It is needless to observe, the parties have to work out their remedies before the appropriate forum for visitation rights and custody of their children. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE MCR List No.: 2 Sl No.: 1 CT: PS