- 1 - HC-KAR NC: 2025:KHC:46001-DB WPHC No. 112 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION HABEAS CORPUS NO.112 OF 2025 BETWEEN: PRADEEPA THEAR MADHAVAN @ PRADEEPA T M S/O MADHAVAN T.C AGED ABOUT 46 YEARS RESIDING AT NO.005, GROUND FLOOR DAFFODIL NEST THALACAUVERY LAYOUT 4TH CROSS, BASAVANAGAR BUS STAND MARATHAHALLI POST BANGALORE 560 037. NOW RESIDING AT SRIVARA BUILDING KALLAPPA COLONY VVK NAGAR, GONIKOPPAL PONNAMPET TALUK KARNATAKA 571213. …PETITIONER (BY SMT. MANJULA M. S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA HOME DEPARTMENT VIDHANA SOUDHA Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46001-DB WPHC No. 112 of 2025 BENGALURU 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY 2. COMMISSIONER OF POLICE BENGALURU CITY NO.2, ALI ASKER ROAD VASANTH NAGAR, BENGALURU KARNATAKA - 560 001. 3. STATION HOUSE OFFICER SURYA NAGAR POLICE STATION ANEKAL TALUK BENGALURU 560 099. 4. SUSHMA M. B. AGED ABOUT 39 YEARS RESIDING AT NO.16, TRANQUIL RESIDENCY NARAYANAGATTA VILLAGE, SARJAPURA HOBLI ANEKAL TALUK, BANGALORE DISTRICT 560 099. …RESPONDENTS (BY SRI. B. A. BELLIAPPA, SPP-I WITH SRI. THEJESH P., HCGP FOR R1 TO R3) THIS WP(HC) IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO SECURE THE MINOR CHILD RISHIKA T. N. BEING ILLEGALLY DETAINED BY THE RESPONDENT NO.4 AND ENSURING THE CUSTODY OF THE MINOR CHILD TO THE PETITIONER. - 3 - HC-KAR NC: 2025:KHC:46001-DB WPHC No. 112 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 (Habeas Corpus) is filed seeking the following reliefs; "A. Issue a writ of habeas corpus or any other appropriate writ, order or direction directing the respondents to secure the minor child Rishika T N being illegally detained by the respondent No. 4 and ensuing the custody of the minor child to the petitioner in the interest of justice and equity. B. Pass any such order/writ/direction that this Hon'ble Court deems fit in the interest of justice and equity." 2. We heard the learned counsel appearing for the writ petitioner as well as the learned Special Public Prosecutor appearing for the respondents- State. - 4 - HC-KAR NC: 2025:KHC:46001-DB WPHC No. 112 of 2025 3. We notice from the pleadings in the writ petition that the writ petitioner and respondent No.4 were married in the year 2007 and a child was born on 28.12.2013 to them. The pleadings in the writ petition are that there was a mediation agreement entered into between the petitioner and respondent No.4 before the Family Court, Bengaluru, in MC No.6221/2021 with regard to custody of the child and that the terms of the said mediation agreement are violated by respondent No.4- mother. 4. It is further submitted that an application under the Guardian and Wards Act, 1890 has been filed as G & WC No.5007/2025 before the III Additional District and Sessions Judge, Anekal by respondent No.4. 5. Having considered the contentions advanced, we notice that the allegation in the writ petition itself is that the child is in the custody of respondent No.4, who is the mother. 6. In the above view of the matter, we are of the opinion that in case the writ petitioner has any grievance with regard to custody of the child, it is for the writ petitioner to - 5 - HC-KAR NC: 2025:KHC:46001-DB WPHC No. 112 of 2025 approach the appropriate Family Court and seek remedy under the provisions of the Guardians and Wards Act, 1890. In case, any Guardians and Wards Act petition is already filed by respondent No.4, it is for the writ petitioner to appear in the said proceeding and take appropriate steps in accordance with law. 7. We therefore of the opinion that the writ petition (Habeas Corpus) would not be maintainable in the facts and circumstances of the case. The writ petition fails, same is accordingly, dismissed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 2 Sl No.: 1