- 1 - NC: 2025:KHC:15648-DB WPHC No. 36 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION HABEAS CORPUS NO. 36 OF 2025 BETWEEN: X X X X X …PETITIONER (BY SRI. BHARATH KUMAR V., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH ADDL. CHIEF SECRETARY HOME DEPARTMENT VIDHANA SOUDHA AMBEDKAR VEEDHI BENGALURU-560 001 2. STATION HOUSE OFFICER MANDYA WOMAN POLICE STATION MANDYA-571 401 …RESPONDENTS (BY SRI. BELLIAPPA, SPP-I FOR SRI. THEJESH P., HCGP) THIS WP(HC) IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, BY THE PETITIONER, WHEREIN PRAYS THAT THE HON'BLE COURT MAY BE PLEASED TO (a) ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF A HABEAS CORPUS OR ANY OTHER WRIT, DIRECTING THE Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15648-DB WPHC No. 36 of 2025 RESPONDENT No.2 HEREIN TO PRODUCE THE DAUGHTER OF THE PETITIONER I.E., KUMARI X X X X X BEFORE THIS HON'BLE COURT AND FURTHER DIRECT THE CUSTODY OF SUCH KUMARI X X X X X TO BE HANDED OVER TO THE PETITIONER HEREIN AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) The writ petitioner, who is the mother of the detenue seeks a direction to the respondents to produce the detenue before the Court and direct her custody to be handed over to the mother. 2. We have heard the learned counsel appearing for the petitioner, learned SPP appearing for the respondents- State and we also interacted with the alleged detenue. - 3 - NC: 2025:KHC:15648-DB WPHC No. 36 of 2025 3. We notice that this is not a case of any illegal detention and that the child is in a juvenile home on the basis of the orders passed by the CWC (Child Welfare Committee) under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015. We also notice that a second POCSO case has been registered against her step father/the husband of the petitioner. 4. In the above circumstances, we are not inclined to issue the writ as sought for. However, we make it clear that it is for the petitioner to approach the CWC, which shall consider the request of the petitioner and pass appropriate orders taking note of the situation of the child, factual aspects of the matter and status of the investigation. The best interests of the child and her wishes shall also be considered. However, the investigation and trial in the criminal case shall not be jeopardized in any manner. - 4 - NC: 2025:KHC:15648-DB WPHC No. 36 of 2025 5. Accordingly, writ petition (Habeas Corpus) stands disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE PN List No.: 2 Sl No.: 2