Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:92-DB WPHC No. 120 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION HABEAS CORPUS NO.120 OF 2024 BETWEEN:
SMT. SWETHA B.M.
W/O. LATE RAMEGOWDA AGED ABOUT 35 YEARS R/AT. SANTHEBACHAHALLI, HOBALI KRISHNARAJAPETTE TALUK CHIKKASOMANAHALLI MANDYA-571 436 …PETITIONER (BY SRI. MANOJ S.N., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY MINISTRY OF HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001
2.
THE SUPERINTENDENT OF POLICE MANDYA O/AT DC OFFICE ROAD MANDYA CITY MANDYA DISTRICT-571 401
Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka
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NC: 2025:KHC:92-DB WPHC No. 120 of 2024
3.
THE STATION HOUSE OFFICER K.R. PET TOWN POLICE STATION K.R. PET MANDYA DISTRICT-571 436
4.
MR. RAJESH S/O CHANDRACHARI MAJOR R/O. VITTALAPURA VILLAGE K.R. PET MANDYA DISTRICT-571 436 …RESPONDENTS
(BY SRI. VIJAY KUMAR MAJAGE, SPP-II WITH SRI. M.V. ANOOP KUMAR, HCGP FOR R1 TO R3)
THIS WP(HC) IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF HABEAS CORPUS DIRECTING THE RESPONDENTS TO SECURE AND PRODUCE THE PETITIONER'S MINOR DAUGHTER KUM.
VEENA RAMEGOWDA, BEFORE THIS HON'BLE COURT AND ETC.
THIS WP(HC), 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 MR. JUSTICE VIJAYKUMAR A. PATIL)
This writ petition is filed seeking the following prayers:-
(a) Issue a writ of Habeas Corpus directing the respondents to secure and produce the petitioner's
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NC: 2025:KHC:92-DB WPHC No. 120 of 2024
minor daughter, Kum. Veena Ramegowda, before this Hon'ble Court;
(b) Direct the respondents to take immediate and effective steps to locate and secure the custody of the petitioner's minor daughter; and,
(c) Pass such other and further orders as this Hon'ble Court may deem fit and proper in the interest of justice and equity."
2. Respondent-State has secured the detenue on
31.12.2024. The order dated 31.12.2024 reads as under:-
"Learned Special Public Prosecutor-II has filed a memo accompanied by certain documents after serving the copy thereof on the learned counsel appearing for the petitioner.
Learned counsel for the petitioner submits that the detenue being apparently a minor, her custody be handed over to her parents.
Learned Special Public Prosecutor-II opposes this proposal contending that a minor is not agreeable and that she prefers to be admitted to reception center and he assures that compelling the minor to join her parents at this stage is not desirable and that her interest would be protected, State being the true guardian of citizens.
Accepting the above assurance, we are inclined to call this matter on 06.01.2025, on which date, the
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NC: 2025:KHC:92-DB WPHC No. 120 of 2024
detenue and the parents shall appear before the Court in person.
It is open to the parents to go to the spot and see the child subject to usual discipline.
Ordered accordingly."
3. Today again, the detenue was produced before us. We had a detailed interaction with the detenue in chambers. She submits that she is 17 years old and now she is willing to go with the petitioner/mother.
Her submission is placed on record.
4. We have also interacted with the petitioner/mother, who is present before us. She submits that she is ready to take the detenue to her native place.
Her submission is also placed on record.
5. The detenue is produced before us by Smt. Suma Rani B, Police Inspector of K.R.Pet Town Police Station, K.R.Pet, Mandya District with WPC-450 Smt. Vijayakumari. In view of production of detenue before the
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NC: 2025:KHC:92-DB WPHC No. 120 of 2024
Court and her willingness to join the petitioner/mother, no further orders are required to be passed.
6. Accordingly, writ petition stands disposed of.
Sd/- (ANU SIVARAMAN) JUDGE
Sd/- (VIJAYKUMAR A. PATIL) JUDGE
CP List No.: 2 Sl No.: 4