- 1 - NC: 2025:KHC:7977 WP No. 1107 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 1107 OF 2025 (GM-RES) BETWEEN: POORNAPRIYA, W/O LATE SUDHAKAR POOJARY, AGED ABOUT 28 YEARS, R/AT CHIKKRAMAKKI, HEBRI TALUK, UDUPI - 576 112. …PETITIONER (BY SRI. VACHAN G.A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, AMASEBAIL POLICE, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA. 2. MAHESH KUMAR AGED ABOUT 31 YEARS, DISTRICT CHILD PROTECTION OFFICER, DISTRICT CHILD PROTECTION DEPARTMENT, UDUPI DISTRICT - 576 101. 3. THE PRESIDENT, CHILDREN WELFARE COMMITTEE, NITTUR, UDUPI TALUK, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7977 WP No. 1107 of 2025 UDUPI DISTRICT. …RESPONDENTS (BY SRI. THEJESH, HCGP FOR R1 TO R3; SRI. VIJAY KUMAR T., ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SEC. 528 OF BNSS PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED PRL. CIVIL JUDGE AND JMFC, UDUPI IN CRL. MISC. NO. 411/2024 DATED 20.12.2024 PRODUCED AT ANNX-C AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: "i. Issue a Writ of Certiorari to set aside the order passed by the Learned Principle Civil Judge and JMFC, Udupi in Crl.Misc.No.411/2024 dated 20/12/2024 produced at Annexure - 'C'. ii. Issue a Writ of Mandamus directing the 3rd Respondent to release the children from their Children Home, Udupi. iii. Issue any other Writ/Writs as this Hon'ble Court deems fit at the circumstance of the case in the interest of justice and Equity." - 3 - NC: 2025:KHC:7977 WP No. 1107 of 2025 2. Heard the learned counsel appearing for the petitioner, learned HCGP for respondent Nos.1 to 3, learned counsel for respondent No.4 and the learned counsel for the impleading applicant. 3. A perusal of the material on record will indicate that the petitioner is the biological mother of two minor children namely Prerith, aged about 3 years and Snehith, aged about 9 years. Respondent No.2 took custody of the aforesaid minor children from the petitioner. Pursuant to a complaint dated 13.09.2024, the petitioner was sent to judicial custody and at that time, respondent No.3 - Children Welfare Committee took custody of the aforesaid minor children and children are presently in the custody of respondent No.3. After getting enlarged on bail, the petitioner filed the instant application under Section 100 of the BNSS, 2023 seeking issuance of search warrant in relation to her aforesaid minor children. The said application having been opposed by the respondents, the Trial Court proceeded to pass the impugned order dated 20.12.2024 in Crl.Misc.No.411/2024 rejecting the application, aggrieved by which, the petitioner is before this Court by way of the present petition. - 4 - NC: 2025:KHC:7977 WP No. 1107 of 2025 4. In the present petition, an application in I.A.No.1/2025 is filed to implead the proposed respondent as respondent No.4. 5. A perusal of the impugned order will indicate that proceedings have been initiated against the petitioner under Section 75 of the Juvenile Justice (Care and Protection) Act, 2015 and Section 118 (1) of BNS, 2023 in Crime No.29/2024. 6. In this context, learned counsel for the petitioner submits that if respondent Nos.1 to 3 are directed to release her children and permit her to take custody, care and protection of the aforesaid minor children, the petitioner would take utmost care and safeguard the interest of the aforesaid minor children without treating them with any physical or mental cruelty or causing any physical or mental harm to them. It is also submitted that in the event if the impleading applicant who is the paternal grandparent of the aforesaid children are permitted to come to the custody of the petitioner, impleading applicant would be entitled to initiate appropriate proceedings seeking custody of the aforesaid minor children, in accordance with law. - 5 - NC: 2025:KHC:7977 WP No. 1107 of 2025 7. Per contra, the learned HCGP for respondent Nos.1 to 3 and the learned counsel for the impleading applicant would oppose the petition and submit that there is no merit in the matter and the same is liable to be dismissed. 8. A perusal of the material on record will indicate that except bald, vague and omnibus allegations, the complaint dated 13.09.2024 does not give specific material, particulars or details regarding the alleged acts of cruelty by the petitioner towards her biological children. However, the Trial Court proceeded to erroneously reject the application on the erroneous premise that the petitioner had not made out valid or sufficient grounds for the purpose of issuing search warrant for her children. It is needless to state that the petitioner being the biological mother of the aforesaid minor children, she would not only be entitled to seek a search warrant for finding out their whereabouts, but would also be entitled to seek custody, subject to certain conditions being imposed upon her at the time of securing release of her children from respondent Nos.1 to 3. - 6 - NC: 2025:KHC:7977 WP No. 1107 of 2025 9. Under these circumstances, I am of the considered view that the Trial Court misdirected itself in rejecting the application filed by the petitioner and warranting interference by this Court in the present petition. 10. In the result, I pass the following: ORDER (i) Writ petition is allowed. (ii) The impugned order dated 20.12.2024 passed in Crl.Misc.No.411/2024 by the Principal Civil Judge and JMFC, Udupi, qua the petitioner, is hereby set aside. (iii) The concerned respondent Nos.1 to 3 are directed to release the minor children namely Prerith and Snehith from respondent No.3 and handover custody and possession of the children to the petitioner, subject to the condition that the petitioner shall treat them properly with love, care and affection. - 7 - NC: 2025:KHC:7977 WP No. 1107 of 2025 (iv) It is made clear that the present order is limited to the facts and circumstances of the instant case and shall not have any bearing or impact on the proceedings in Crime No.29/2024 and/or any other proceedings between the petitioner and the impleading applicant. (v) Liberty is reserved in favour of the impleading applicant who is the paternal grandparent of the aforesaid minor children to take recourse to such remedies such remedies as available in law. (vi) It is further directed that the respondent Nos.1 to 3 shall monitor and supervise the children in the custody of the petitioner so as to ensure the safety and welfare of the children. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK List No.: 3 Sl No.: 13 CT: BHK