- 1 - HC-KAR NC: 2025:KHC:26802-DB WPHC No. 75 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION HABEAS CORPUS NO. 75 OF 2025 BETWEEN: 1. B. VINOD KUMAR S/O B THIMMAPPA AGED ABOUT 25 YEARS, HONNALLI, BELLARY - 583 102. 2. SUNITHA W/O KRISHNA WARD NO.7, ANKALAMMA STREET TORANGALLU RS, TORANAGALLU SANDOORU, BELLARY - 582 123. …PETITIONERS (BY SRI. SRINIVASAN RAO C.N, ADVOCATE) AND: 1. THE POLICE COMMISSIONER POLICE COMMISSIONER OFFICE, INFANTRY ROAD, BENGALURU - 560 001. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26802-DB WPHC No. 75 of 2025 2. THE SUB INSPECTOR OF POLICE, YELAHANKA TOWN POLICE STATION, BANGALORE DISTRICT, BANGALORE - 560 064. 3. PRESIDENT SANTHWANA KENDRA DEPUTY DIRECTOR OFFICE, CHILD WELFARE DEPARTMENT, SARAKAARIBALAKIYARA BALA MANDIRA, DR. M.H. MARIGOWDA ROAD BENGALURU - 560029 …RESPONDENTS (BY SRI. P. THEJESH, HCGP) THIS WP(HC) IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS DIRECTING THE RESPONDENT NO.1 AND 2 TRACE PETITIONER WIFE MRS. BINDU.S.B WHO IS ILLEGALLY DETAINED BY RESPONDENT NO.3 AND PRODUCE HER BEFORE THIS HON'BLE COURT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO - 3 - HC-KAR NC: 2025:KHC:26802-DB WPHC No. 75 of 2025 ORAL ORDER (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) 1. Heard the learned counsel for the petitioner. 2. It is submitted by the learned counsel for the petitioner that the petitioner and the detenue were married on 26.05.2025 and that a false POCSO case has been registered as against the petitioner in which he has already been granted bail. It is submitted that the Matriculation Certificate of the detenue shows the date of birth as 15.04.2006. It is submitted that on the basis of a Birth Certificate issued after registration of the FIR, the respondents are not permitting the petitioner’s wife to join him. It is submitted that the petitioner has been granted bail on the basis of the Matriculation Certificate and the school records which show the date of birth of the detenue as 15.04.2006. 3. The learned High Court Government Pleader appearing for the respondents submits that there was a dispute raised with regard to the date of birth of the - 4 - HC-KAR NC: 2025:KHC:26802-DB WPHC No. 75 of 2025 victim. Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, ‘the JJ Act’) provides for the determination of the age by the Committee or the Board. 4. It is submitted that in the instant case since there are conflicting dates of birth entered in different documents, it is for the Committee to take a decision. It is submitted that the petitioner will also be permitted to produce whatever documents he wants to produce before the Committee and the Committee shall look into the provisions of Section 94 of the Act and take an appropriate decision. 5. Section 94 of the JJ Act reads as follows – “94. Presumption and determination of age.—(1) Where, it is obvious to the Committee or the Board, based on the appearance of the person brought before it under any of the provisions of this Act (other than for the purpose of giving evidence) that the said person is a child, the Committee or the Board shall record such observation stating the age of the child as nearly as may be and proceed with the inquiry under section 14 or section 36, as - 5 - HC-KAR NC: 2025:KHC:26802-DB WPHC No. 75 of 2025 the case may be, without waiting for further confirmation of the age. (2) In case, the Committee or the Board has reasonable grounds for doubt regarding whether the person brought before it is a child or not, the Committee or the Board, as the case may be, shall undertake the process of age determination, by seeking evidence by obtaining— (i) the date of birth certificate from the school, or the matriculation or equivalent certificate from the concerned examination Board, if available; and in the absence thereof; (ii) the birth certificate given by a corporation or a municipal authority or a panchayat; (iii) and only in the absence of (i) and (ii) above, age shall be determined by an ossification test or any other latest medical age determination test conducted on the orders of the Committee or the Board: Provided such age determination test conducted on the order of the Committee or the Board shall be completed within fifteen days from the date of such order. (3) The age recorded by the Committee or the Board to be the age of person so brought before it shall, for the purpose of this Act, be deemed to be the true age of that person.” - 6 - HC-KAR NC: 2025:KHC:26802-DB WPHC No. 75 of 2025 6. If it is found that the detenue was a major as on the date of commission of the offence, she will be set at liberty to accompany the petitioner if she wishes to do so. Necessary steps shall be taken at the earliest, at any rate within a week from the date of receipt of a copy of this order. Writ Petition is, accordingly, disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE HNM List No.: 2 Sl No.: 3 CT: BHK