- 1 - NC: 2025:KHC-D:4385-DB WPHC No. 100005 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WPHC NO.100005 OF 2025 BETWEEN: SMT. SHEELAVATI W/O KARTHIK TEGUR, AGE. 19 YEARS, OCC. HOUSEHOLD, R/O KOTUR, TQ AND DIST. DHARWAD-580007. …PETITIONER (BY SRI. KIRANKUMAR S. CHATTIMATH, ADVOCATE) AND: 1. THE STATE WOMEN & CHILD WELFARE DEPARTMENT, STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, GATE NO. 3, 1ST FLOOR, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-01. 2. THE WOMEN AND CHILD WELFARE DEPARTMENT, REP BY ITS CHIEF SECRETARY, STATE HOUSE WOMEN, AT. SHIRADINAGAR, PATRAKARTANAGAR, UNAKAL, HUBBALLI-580032, DIST. DHARWAD. 3. THE BAILHONGAL POLICE STATION, REP BY ITS SUB-INSPECTOR, TQ. BAILHONGAL, DIST. BELAGAVI-591102. …RESPONDENTS (BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE) THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF HABEAS CORPUS, DIRECTING THE RESPONDENT NO. 2 AND 3 HEREIN TO CAUSE THE PRODUCTION OF THE BODY OF THE ROOPA D/O IRAPPA KODLI BEFORE THIS HON’BLE COURT & ETC., Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4385-DB WPHC No. 100005 of 2025 THIS WPHC, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) 1. This Habeas Corpus Petition is filed under Article 226 of the Constitution of India by a friend of the detenue Ms. Roopa D/o Irappa Kodli with a prayer to produce the corpus of the said Roopa before this Court. 2. Learned counsel for the petitioner Sri. Kirankumar S Chattimath along with the petitioner Smt. Sheelavati is present before the Court. Learned Government Advocate is present before the Court on behalf of respondents No.1 to 3. 3. The detenue Roopa is brought before the Court by one Smt. Maitra, the Superintendent, State Home for Women, Hubballi and Sri. Gururaj Kalaburgi, Police Sub-Inspector, Bailhongal Police Station. 4. We had interaction with the petitioner, detenue and parents of the detenue in the Chambers on the last date of hearing i.e., on 5.3.2025. During the course of interaction, the detenue expressed her willingness to go with the petitioner, - 3 - NC: 2025:KHC-D:4385-DB WPHC No. 100005 of 2025 friend of the detenue. The detenue expressed her wish that she would be comfortable to go with the petitioner and she expressed her unwillingness to go with her parents. 5. The petitioner claims that she is a friend of the detenue Roopa and she stated that she would take care and protect the interest of the detenue. To make sure, we directed the petitioner to file her affidavit. Accordingly, the petitioner has filed an affidavit dated 6.3.2025 stating that she is aged 19 years and her husband is working as coolie and earning a sum of Rs.18,000/- to 20,000/- per month. She further stated that apart from this income, there is an agricultural land measuring 3 acres 3 guntas situated at Varava Nagalavi village of Dharwad Taluk. Apart from the above, her husband is getting monthly rental income of Rs.8,000/- from one portion of the house property. The affidavit would further state that her husband has given consent to take care of the detenue by providing basic amenities. 6. The detenue at present is in the custody of State Home for Women. As on this date, the detenue is a major and her Date of Birth is 6.6.2006. Since the detenue expressed her - 4 - NC: 2025:KHC-D:4385-DB WPHC No. 100005 of 2025 willingness to go with the petitioner friend, the Superintendent, State Home for Women, Hubballi is directed to hand over the detenue to the petitioner, friend of the detenue. If the petitioner faces any difficulty, it is open for the petitioner to approach the jurisdictional police and we are sure that the concerned police would take appropriate action and provide security to the detenue. 7. With the above observations, habeas corpus petition stands disposed off. Pending applications, if any, are disposed off as not surviving for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 1