Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:12442-DB WPHC No. 22 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT PETITION HABEAS CORPUS NO.22 OF 2025 BETWEEN:
KUMARI PALLAVI G S D/O NARASAPPA AGED 18 YEARS R/AT GUVVALAHALLI(V) AND (P) GOWRIBIDANUR TALUK CHIKKABALLAPURA DIST – 562 101
…PETITIONER (BY SRI. LAKSHMI NARAYANA D K, ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU – 560 001
2.
SUPERINTENDENT OF POLICE CHIKKABALLAPUR DIST – 562 101
3.
POLICE SUB INSPECTOR MANCHENAHALLI POLICE STATION MANCHENAHALLI TALUK CHIKKABALLAPUR DIST – 562 101
4.
STATE OF KARNATAKA BY ITS SECRETARY
Digitally signed by MADHUSHREE H Location: High Court of Karnataka
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NC: 2025:KHC:12442-DB WPHC No. 22 of 2025
WOMEN AND CHILD DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU – 560 001
5.
DEPUTY DIRECTOR DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT ADMINISTRATIVE BHAVAN CHIKKABALLAPUR – 562 101
6.
THE SUPERINTENDENT SAKTHI SADANA VAPASANDRA CHIKKABALLAPUR – 562 101 …RESPONDENTS (BY SRI. B.A.BELLIAPPA, SPP-I A/W SRI. THEJESH P, HCGP)
THIS WP(HC) IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS DIRECTING THE RESPONDENTS TO PRODUCE THE DETENUE (PALLAVI G.S) BEFORE THIS HON’BLE COURT RELEASE FROM RESPONDENT DETENTION AND TO DEAL WITH THE MATTER IN ACCORDANCE WITH LAW.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE T.M.NADAF
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NC: 2025:KHC:12442-DB WPHC No. 22 of 2025
ORAL ORDER (PER: HON'BLE MR JUSTICE V KAMESWAR RAO)
Today Mr.B.A.Belliappa, learned SPP-I has filed an Affidavit of the Women and Child Welfare Officer, Chikkaballapura District, Chikkaballapura, the same reads as under:
“I, VENKATAGOWDA R.K., S/o Karagappa, aged about 39 years, working as Women and Child Welfare Officer, Chikkaballapura District, Chikkaballapura, today at Bengaluru do hereby solemnly affirm and state on oath as here under:-
1. I state that I am working as Women and Child Welfare Officer in the Office of Deputy Director of Women and Child Department, Chikkaballapura District, Chikkaballapura, since from 14.08.2023 and I am well conversant with the
facts and circumstances of case. Hence, I am swearing to this affidavit. 2. I state that the Petitioner has filed the above Habeas Corpus Petition for issuing a direction to the Respondents to produce the detenue before this Hon'ble Court and for release from the Respondents in accordance with law. - 4 -
NC: 2025:KHC:12442-DB WPHC No. 22 of 2025
3. I state that a missing complaint, was registered by the 3rd Respondent herein, in Crime No.108/2024 for the offence punishable under Section 363 of IPC. Based on the complaint by one Ashwathamma, a mother of the Petitioner herein during the course of the Investigation, the 3rd Respondent have traced the petitioner herein on 10.08.2024 and was sent to Balamandira on
10.08.2024. 4. I state that on 12.08.2024 the Petitioner was produced before us and thereafter on the same day counselling was done to the petitioner, wherein she states that she is in love with one Shankar s/o Gangadarappa, Guvvalahalli Village, Gowribidanur Taluk since 5 years and has married Shankar on 29.05.2024 at 4.30 in Anjaneya Swamy Temple. 5. I state that the date of birth of the petitioner as per the T.C. issued by Chaithanya Higher Secondary School and S.S.L.C. Marks Card, is 20.10.2006, she has completed 18 years on
20.10.2024. The Petitioner does not intend to go along with her parents as per the statement recorded on 18.01.2024. On 13.12.2024, the Hon'ble Senior Civil Judge and the Member Secretary, District Legal Services Authority N Service Authority has also done counselling to the Petitioner, has addressed a letter
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NC: 2025:KHC:12442-DB WPHC No. 22 of 2025
to us and the Panel Advocate of Legal wherein, she refused to go along with her parents produce the detenue before this Hon'ble Court and for release from the Respondents in accordance with law. 6. I submit that as the petitioner had turned 18 years and she further refused to go along with her parents, the Child Welfare Committee had arranged the petitioner for her stay in Mahila Sakti Sadan Kendra, which is a place for orphan. WHEREFORE, it is prayed that this Hon'ble Court be pleased to take the above Affidavit on record, in the Interest of justice and equity.”
2. Kumari.Pallavi G.S., the petitioner, is present in person in the Court. She has been interacted with by the Court.
She has expressed that she does not want to stay in Mahila Sakti Sadan Kendra. She states that she wants to go on her own. 3. Mr. B.A.Belliappa, learned SPP-I states the petitioner being a major, she is at liberty to leave Mahila Sakti Sadan Kendra. - 6 -
NC: 2025:KHC:12442-DB WPHC No. 22 of 2025
4. The learned counsel for the petitioner states in view of the submission made by the petitioner, the petition be treated as closed. 5. It is ordered accordingly. Sd/- (V KAMESWAR RAO) JUDGE
Sd/- (T.M.NADAF) JUDGE
JJ List No.: 1 Sl No.: 7