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2025 DAILYLAW 40720 (KAR)

MRS. H V SUJATHA v. GOVT. OF KARNATAKA,

WPHC/18/2021 · 2025-10-28

Anu Sivaraman, Vijaykumar A Patil

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42980-DB WPHC No. 18 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION HABEAS CORPUS NO.18 OF 2021 BETWEEN: MRS. H.V. SUJATHA NO.002, SOUNDARYA EXCELLENCY 3RD MAIN,OLD BINNY MILL ROAD, GANGANAGAR, BANGALORE 560 032. …PETITIONER (BY SMT. HOSKOTE VENKATAAMANAPPA SUJATHA, PARTY-IN- PERSON (ABSENT)) AND: 1. GOVT. OF KARNATAKA, REP REPRESENTED BY THE ASST. COMMISSIONER OF POLICE, BANGALORE (NORTH ), RT NAGAR, BANGALORE 560032. 2. GOVT. OF KARNATAKA, REP REPRESENTED BY THE CHILD WELFARE COMMITTEE UNIT 3, SOCIAL WELFARE COMPLEX, Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42980-DB WPHC No. 18 of 2021 DR. MH MARIGOWDA ROAD, BANGALORE 560029. …RESPONDENTS (BY SRI. B.A.BELLIAPPA, SPP-1 WITH SRI. THEJESH P., HCGP FOR R1) THIS WPHC IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS IN THIS MATTER, AND ORDER THE POLICE DEPARTMENT TO ACT AS DIRECTED BY THE DISTRICT CHILD PROTECTION OFFICER (DCPO) IMMEDIATELY, AS ALSO PRAY THAT THE CHILD WELFARE COMMITTEE SHOULD BE INSTRUCTED TO TAKE CUSTODY OF THE CHILD, AS ORDERED BY KARNATAKA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS. (KSPCR) B) FOR WHICH ACT OF KINDNESS OF YOURS, I WILL BE EVER GRATEFUL THROUGHOUT MY LIFE TO THE HON'BLE HIGH COURT OF KARNATAKA. THIS WPHC, 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 - 3 - HC-KAR NC: 2025:KHC:42980-DB WPHC No. 18 of 2021 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This writ petition is filed seeking the following reliefs: A) As the matter is of utmost urgency, and most serious, involving the life of an infant, hereby I humbly PRAY the Honourable High Court to issue writ of Habeas Corpus in this matter, and order the Police Department to act as directed by the District Child Protection Officer(DCPO) immediately, as also pray that the Child Welfare Committee should be instructed to take custody of the child, as ordered by Karnataka State Commission for Protection of Child Rights.(KSPCR) B) For which act of kindness of yours, I will be ever grateful throughout my life to the Honourable High Court of Karnataka. C) Pass any other relief/reliefs, orders, directions, writ as deemed fit for grant, in the interest of justice and equity. 2. The averments made in the petition indicate that the petitioner is a grandmother of a minor ward seeking custody of the ward from the mother of the child. We have perused the order sheet, there is no representation for the petitioner even on the earlier dates and today as well. We - 4 - HC-KAR NC: 2025:KHC:42980-DB WPHC No. 18 of 2021 have directed the learned State Public Prosecutor to ascertain with regard to the factual assertion made in the writ petition. 3. The learned State Public Prosecutor filed a correspondence received from the jurisdictional police along with a copy of the E-mail sent by the petitioner to the police station. The said E-mail indicates that the minor ward is in the care and custody of the mother. 4. In view of the aforesaid E-mail and statement of the State Public Prosecutor, we do not find any merit in the present petition as the minor ward is with the mother. Accordingly, the writ petition habeas corpus is dismissed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 2 Sl No.: 1