- 1 - NC: 2025:KHC:18391-DB WPHC No. 50 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY, 2025 PRESENT THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MR JUSTICE VENKATESH NAIK T WRIT PETITION HABEAS CORPUS NO. 50 OF 2025 BETWEEN: SRI. BASAVARAJ S GAVATI, AGED ABOUT 49 YEARS, S/O. LATE SHIVALINGAPPA GAVATI, R/AT NO.5091, TOWER-5, PRESTIGE BAGAMANE TEMPLE BELLS, RAJARAJESHWARI NAGAR, BENGALURU - 560 098 …PETITIONER (BY SRI.HAREESH BHANDARY T., ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF HOME AFFAIRS, REP. BY ITS PRL. SECRETARY VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE COMMISSIONER OF POLICE, INFANTRY ROAD, BENGALURU - 560 001. 3. THE SUB-INSPECTOR OF POLICE, RAJARAJESHWARINAGAR POLICE STATION, BENGALURU CITY - 560 096. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - NC: 2025:KHC:18391-DB WPHC No. 50 of 2025 4. SMT. DIVYA BASAVARAJ GAVATHI W/O BASAVARAJ GAVATI, AGED ABOUT 42 YEARS, R/AT NO. 160, 10TH CROSS, BHEL 2ND STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BENGALURU - 560 098. …RESPONDENTS (BY 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 HONBLE COURT MAY BE PLEASED TO ISSUE WRIT, WRIT IN THE NATURE OF HABEAS CORPUS OR ANY OTHER APPROPRIATE WRIT DIRECTING THE RESPONDENT TO PRODUCE THE SON MASTER GAURVAV BASAVARAJ GAVATI BEFORE THIS COURT CONSEQUENTLY TO DIRECT THE RESPONDENT NO.4 TO COMPLY WITH THE ORDERS PASSED BY THE FAMILY COURT IN G AND WC NO.408/2023 DATED 02.05.2025 TO HANDOVER THE CUSTODY OF THE SON TO THE PETITIONER TILL THE COMPLETION OF THE SUMMER VACATION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ and HON'BLE MR JUSTICE VENKATESH NAIK T - 3 - NC: 2025:KHC:18391-DB WPHC No. 50 of 2025 ORAL ORDER (PER: HON'BLE MR JUSTICE MOHAMMAD NAWAZ) This writ petition is filed with the following prayers; "a) Issue writ, writ in the nature of Habeas Corpus or any other appropriate writ directing the respondent to produce the son Master Gaurvav Basavaraj Gavati before this court consequently to direct the respondent No.4 to comply with the orders passed by the Family court in G&WC No.408/2023 dated 02.05.2025, to handover the custody of the son to the petitioner till the completion of the summer vacation. b) Issue such other order or orders as the Hon'ble Court deems fit to pass under the facts and circumstances of the case, in the interest of justice and equity". 2. The petitioner is aggrieved by the non-compliance by the respondent, of the order dated 02.05.2025 passed by the Family Court, Bangalore, wherein, he was permitted to have the custody of his minor son from 10 A.M. on 06.05.2025 till 6 P.M. on 14.05.2025. It is alleged that his minor son has been illegally detained by respondent No.4 and seeks production of his minor son before this Court. - 4 - NC: 2025:KHC:18391-DB WPHC No. 50 of 2025 3. When the matter was listed before this Court on 22.05.2025, petitioner was permitted to have the custody of the child between 10 A.M. on 24.05.2025 and 6 P.M. on 25.05.2025 and liberty was reserved to the petitioner to approach the Police Sub-Inspector, Rajarajeshwari Nagar Police Station, to take the child into his custody. 4. Learned HCGP has filed a memo along with the documents, which shows that the order dated 22.05.2025 passed by this Court has been complied and the petitioner has confirmed vide letter dated 24.05.2025 regarding taking custody of his son, in the presence of the Police Sub-Inspector, undertaking to hand over his son to respondent No.4 on 25.05.2025 on 6 P.M. 5. It is submitted by the learned HCGP on instruction that the child is now in the custody of the mother/respondent No.4. 6. In light of the above, the writ petition does not survive for consideration. 7. It is always open for the petitioner to seek remedy before the appropriate forum, as available under law, for non- - 5 - NC: 2025:KHC:18391-DB WPHC No. 50 of 2025 compliance of the order dated 02.05.2025 passed by the Family Court. 8. The petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE Sd/- (VENKATESH NAIK T) JUDGE TIN List No.: 1 Sl No.: 34