- 1 - HC-KAR NC: 2025:KHC:37916 WP No. 28445 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 28445 OF 2025 (GM-RES) BETWEEN: SHRI.CHANDRAMOULI S/O LATE A. SRINIVAS RAO AGED ABOUT 61 YEARS NO. 1431, NEAR KESHAWASWAMI TEMPLE FORT STREET, VIJAYAPUR, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT 562 . …PETITIONER (BY SRI. SHANKARANARAYANA RAO, SENIOR ADVOCATE FOR SRI. MADHUSUDHAN J..,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37916 WP No. 28445 of 2025 DEPARTMENT OF WOMEN AND CHILD WELFARE NO.3, 1ST FLOOR, M.S BUILDING, DR. B.R. AMBEDKAR VEEDHI, BANGALORE-560 001. 2. CHAIRMAN DISTRICT CHILD WELFARE COMMITTEE CONSTITUTED UNDER JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 BANGALORE RURAL DISTRICT 2ND CROSS, NEAR BASAVANNA TEMPLE SHANTHINAGARA DODDABALLAPURA TALUK- 56 1203. 3. MR. PRASAD R.J ALIYAZ GURUPRASAD. R. S/O K. RAGHAVENDRA RAO, AGED ABOUT 32 YEARS RESIDING AT NO. 134, NEAR S RS, VIDYALAYA TUBARAHALLI, BENGALURU 560 066. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 AND R2; SRI. SWAROOP S., ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- - 3 - HC-KAR NC: 2025:KHC:37916 WP No. 28445 of 2025 1. CALL FOR RECORDS IN CASE NO. 95 OF 2025- 2026 ON THE FILE OF THE CHAIRMAN DISTRICT CHILD WELFARE COMMITTEE, BANGALORE RURAL DISTRICT (RESPONDENT NO. 2); 2. QUASH THE ENTIRE PROCEEDINGS IN CASE NO. 95 OF 2025- 2026 PENDING ON THE FILE OF THE CHAIRMAN, DISTRICT CHILD WELFARE COMMITTEE, BANGALORE RURAL DISTRICT (RESPONDENT NO. 2); 3. QUASH AND SET ASIDE ORDER DATED 09.06.2025 IN FORM NO. 19 ( ANNEXURE - A) PASSED BY THE CHILD WELFARE COMMITTEE, BENGALURU RURAL DISTRICT (RESPONDENT NO. 2) IN CASE NO. 95 OF 2025-2026 IN SO FAR AS IT RELATES TO PUTTING THE CHILD WITHIN THE SCOPE OF ENQUIRY UNDER THE JUVENILE JUSTICE ACT, 2015 AND DECLARE ALL CONSEQUENTIAL PROCEEDINGS THERETO AS VOLD AB INITIO AND A NULLITY IN THE EYES OF LAW; 4. QUASH AND SET ASIDE COMMUNICATION BEARING NO. CWC/BEM RURAL/NIMHANS/2025- 26/111 DATED 08.09.2025 (ANNEXURE - H) ISSUED BY THE RESPONDENT NO. 2 ADDRESSED TO HEAD OF THE DEPARTMENT, CHILD PSYCHIATRY DEPARTMENT, NIMHANS, BENGALURU. - 4 - HC-KAR NC: 2025:KHC:37916 WP No. 28445 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, the maternal grandfather of a minor, has called in question the proceedings in Case No.95/2025-26 with the second respondent [the District Child Welfare Committee, Bengaluru Rural District], and these proceedings are in terms of the notice issued in Form -19 under the Juvenile Justice [Care and Projection of Children] Rules, 2016. This Court, on 19.09.2025, has recorded the circumstances in which the petition is filed calling upon the Jurisdictional District Child Protection Officer to visit the child both on 20th and 21st September 2025 and file a report into this Court. 2. The circumstances as recorded by this Court on 19.09.2025 read as under: - 5 - HC-KAR NC: 2025:KHC:37916 WP No. 28445 of 2025 A minor has lost his mother, and the father stands trial in SC No.118/2024 on the file of the VIII Additional District and Sessions Judge, Bengaluru Rural under Sections 498(A), 304(B), 306 read with Section 34 of IPC. The father [the third respondent] has instituted proceedings for custody of the minor against the maternal grandfather [the petitioner]. When these proceedings are pending, notice in Form No.19 is issued by the respondent No.2. In compliance with this Court's afore direction a report is filed. This Report must be construed in the context of the roles and responsibilities of the second respondent under Juvenile Justice [Care and Projection of Children] Act, 2016 and the Rules thereunder. 3. The District Child Protection Officer, as could be seen from this Report, has visited the petitioner's residence both on 20.09.2025 and 21.09.2025 and has reported that she has spent time with the minor for over an hour on each of these days and that he is staying comfortably with the petitioner - 6 - HC-KAR NC: 2025:KHC:37916 WP No. 28445 of 2025 and his other family members. The officer has also stated that the petitioner has let the child accompanying the third respondent on 21.09.2025. When queried Mr.B.V. Shankaranarayana Rao, the learned Senior Counsel for the petitioner, on instructions submits that the child is back with the petitioner. 4. Mr.Swaroop S., the learned counsel for the third respondent, and Ms.Navya Shekhar, the learned Additional Government Advocate, are heard for final disposal of this petition in light of this Report. This Court, on a careful consideration, opines that with this Report there must be closure of the pending proceedings and both the petitioner and the third respondent must be at liberty to place a certified copy of this order with the Court which the Court which is seized of the proceedings in G & WC No.15005/2023. The petition stands disposed of accordingly but observing that the second respondent shall strictly - 7 - HC-KAR NC: 2025:KHC:37916 WP No. 28445 of 2025 act in the welfare of the child without being under any duress from any orders. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr