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2025 DAILYLAW 50096 (KAR)

AMASIDDA S/O MAYAPPA MUNJE v. THE STATE OF KARNATAKA

WPHC/100007/2025 · 2025-04-28

C M Poonacha, S G Pandit

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:7018-DB WPHC No. 100007 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA HABEAS CORPUS NO.100007 OF 2025 BETWEEN: AMASIDDA S/O. MAYAPPA MUNJE, AGE. 44 YEARS, OCC. AGRICULTURE, R/O. MOLE, TQ. KAGAWAD, DIST. BELAGAVI-591 303. …PETITIONER (BY SRI. GIRISH A.YADAWAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, M.S. BUILDING, BENGALURU-01. 2. THE SUPERINTENDENT OF POLICE, BELAGAVI DISTRICT, BELAGAVI-590 001. 3. THE POLICE INSPECTOR, KAGAWAD POLICE STATION, KAGAWAD, DIST: BELAGAVI-591 223. …RESPONDENTS (BY SRI. G.K.HIREGOUDAR, GOVT. ADVOCATE FOR R1 TO R3) THIS WPHC IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, 1950, PRAYING TO ISSUE A WRIT IN THE NATURE OF HABEAS CORPUS DIRECTING THE RESPONDENT NOS.1 TO 3 TO IMMEDIATELY TRACE OUT THE MINOR DAUGHTER OF THE PETITIONER NAMELY MISS KOMAL D/O. AMASIDDA MUNJE, AGED 17 YEARS AND 10 MONTHS AND TO PRODUCE HER BEFORE THIS COURT FORTHWITH, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:7018-DB WPHC No. 100007 of 2025 THIS PETITION, 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) This habeas corpus writ petition is filed under Article 226 of the Constitution of India seeks direction to respondent Nos.1 to 3 to trace out the minor daughter of the petitioner namely Kumari Komal d/o Amasidda Munje to produce before this Court forthwith. 2. On issuance of notice, learned Government Advocate on 25.03.2025 through Smt.Gangaji Biradar, Police Sub-Inspector, Kagwad, Belagavi District produced the detenue - minor girl. It is stated that the detenue is at Srushti Santwana Kendra, Belagavi. This Court interacted with the detenue at the chamber and at the time of interaction, she expressed her unwillingness to go with her father. - 3 - NC: 2025:KHC-D:7018-DB WPHC No. 100007 of 2025 3. Taking note of the above, learned Government Advocate was directed to arrange for counseling to the detenue by Child Welfare Committee, Belagavi District. Accordingly, along with objection learned Government Advocate has produced report of the counseling and also order of the Child Welfare Committee dated 17.04.2025. Sri G.K.Hiregoudar, learned Government Advocate would also submit that the detenue has expressed her willingness to continue her studies and has decided to join 1st PUC. Further, learned Government Advocate would submit that all arrangements would be made to enable the detenue to continue her studies. 4. The petitioner had filed a complaint that the detenue was missing. During the course of investigation, it is found that one Sachin Channabasava Kattageri appears to have married the detenue who is a minor which statement is made by the detenue before the Child Welfare Committee. Based on the said statement against - 4 - NC: 2025:KHC-D:7018-DB WPHC No. 100007 of 2025 that Sachin Channabasava Kattageri, POCSO proceedings have been initiated. 5. In the above circumstances, it cannot be said that the detenue is in illegal custody. Moreover, the detenue is produced before the Court. Today also the detenue is present before the Court produced by Smt.Gangaji Biradar, Police Sub-Inspector, Kagwad, Belagavi District. In the above circumstances, no further orders are required and the habeas corpus writ petition is disposed of. Pending interlocutory applications, if any, stand disposed of as they do not survive for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE CLK CT: UMD List No.: 1 Sl No.: 3