- 1 - NC: 2025:KHC:2271-DB W.P.H.C. No.94/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL W.P.H.C NO.94/2024 BETWEEN: SMT. PRIYANKA .V AGED ABOUT 30 YEARS W/O PRASHANTH VEERAPUR D/O VIRUPAKSHA R/AT NO.74/2/54, 3RD FLOOR NEAR VINAYAKA TEMPLE, D SOUZA NAGAR HOSKEREHALLI, BENGALURU-85. …PETITIONER (BY SRI. PRAKASH SHETTY, ADV.,) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU-560001 REP. BY ITS SECRETARY. 2. THE CHAIRPERSON CHILD WELFARE COMMITTEE HOMBEGOWDA NAGAR BENGALURU-29. 3. THE STATION HOUSE OFFICER ILAKKAL POLICE STATION ILAKKAL TALUK BAGALKOT-587125. 4. SRI. PRASHANTH VEERAPUR AGED ABOUT 36 YEARS Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2271-DB W.P.H.C. No.94/2024 S/O DEVENDRAPPA VEERAPUR R/O. WARD NO.1, JOSHIGALLI BEHIND PANDURANGA TEMPLE ILAKKAL ILAKKAL TALUK BAGALKOT DISTRICT-587125. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1 TO R3 SRI. R.V. SHIVANANDA REDDY, ADV., FOR R4) THIS W.P.H.C. IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF HABEAS CORPUS DIRECTING THE RESPONDENTS TO SECURE THE PRESENCE OF MINOR CHILD BY NAME ANVITHDEV P. VEERAPUR AND PRODUCE HIM BEFORE THIS HON'BLE COURT FORTHWITH IN THE INTEREST OF JUSTICE AND EQUITY & 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 VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This writ petition is filed seeking following reliefs: "i. Issue a writ in the nature of Habeas Corpus directing the Respondents to secure the presence of minor child by name Anvithdev. P. Veerapur and produce him before this Hon'ble Court forthwith in the interest of Justice and Equity. ii. Pass such other order or direction as this Hon'ble Court deems fit under the - 3 - NC: 2025:KHC:2271-DB W.P.H.C. No.94/2024 facts and circumstances of the case, in the interest of Justice and Equity." 2. The contention of the Petitioner in the writ petition is that she is the wife of respondent No.4 and two male children are born to them on 28.08.2019 and 11.10.2021 respectively. It was contended that respondent No.4 had taken the second child away from the petitioner and that the second child was staying with respondent No.4 and his parents at Ilkal Taluk, Bagalkot District, while the petitioner was staying in Bengaluru. It was contended in the writ petition that the petitioner is not being permitted to see her minor son and that the child is being kept under illegal detention by respondent No.4. 3. We had ordered the presence of respondent No.4 along with the minor child and respondent No.4 had appeared before this Court along with the second son and earnest attempts were made by the counsel appearing on either side to resolve the dispute between the parties by recourse to mediation. However, it is submitted that mediation has not been successful. - 4 - NC: 2025:KHC:2271-DB W.P.H.C. No.94/2024 4. Having considered the contentions advanced, we notice that the younger child of the petitioner is in the custody of respondent No.4, who is the father and at his residence at Ilkal Taluk in Bagalkot. We are of the opinion that in the facts and circumstances of the instant case, a writ petition seeking a writ of habeas corpus would not be the proper remedy. It would be for the parties to approach the family Court seeking guardianship or custody of the second child as the case made. Leaving open all the contentions of the parties to be agitated in the appropriate proceedings, the writ petition is closed with liberty to approach the proper forum. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 2 Sl No.: 1