- 1 - HC-KAR NC: 2025:KHC:45359-DB WPHC No. 119 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH 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.119 OF 2025 BETWEEN: SRI. SYED KHADEER AGED ABOUT 37 YEARS, S/O. SYED MUSTAFA, RESIDING AT NO.40, 8TH CROSS, 5TH MAIN, KRISHNAPPA BLOCK, GANGANAGAR, BENGALURU - 560 032. …PETITIONER (BY SRI. MOHAMMED MUJASSIM, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF LAW AND ORDER, VIDHANA SOUDHA, BANGALORE-560 001. 2. THE COMMISSIONER OF POLICE, BANGALORE CITY, INFANTRY ROAD, BANGALORE 560 001. Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45359-DB WPHC No. 119 of 2025 3. THE DEPUTY COMMISSIONER OF POLICE BENGALURU NORTH YESHWANTHPUR CIRCLE FLYOVER, YESWANTHPUR, BENGALURU - 560 012. 4. THE ASSISTANT COMMISSIONER OF POLICE R. T. NAGAR POLICE STATION, R.T. NAGAR, BANGALORE - 560 032. 5. THE STATION HOUSE OFFICER R. T. NAGAR POLICE STATION, R.T. NAGAR, BANGALORE - 560 032. 6. SRI. NATARAJ SUB-INSPECTOR R.T. NAGAR POLICE STATION, R.T. NAGAR, BANGALORE - 560 032 7. THE COMMISSIONER OF POLICE, MYSURU CITY POLICE, OFFICE OF THE POLICE COMMISSIONER, LOKARANJAN MAHAL ROAD, DOORA, MYSURU-570 010. 8. THE DEPUTY COMMISSIONER OF POLICE FOR LAW AND ORDER MIRZA ROAD, NAZARBAD MOHALLA, MYSORE CITY-570 010. 9. THE ASSISTANT COMMISSIONER OF POLICE DEVARAJA DIVISION, - 3 - HC-KAR NC: 2025:KHC:45359-DB WPHC No. 119 of 2025 HAMELTON BUILDING, LASHKAR MOHALLA, MYSORE - 570 001. 10. THE STATION HOUSE OFFICER N R MOHALLA, RAJENDRA NAGAR, MYSURU 570 007. 11. SMT. MOHAMMADIA SHAZIYA W/O. SYED KHADEER AGED ABOUT 28 YEARS RESIDING AT NO.330, BEEDI COLONY, AZEEZ SAIT NAGAR, UDAYAGIRI, MYSURU-570 019. 12. SRI. AFSAR AHMED S/O. ABDUL REHMAN AGED MAJOR RESIDING AT NO.330, BEEDI COLONY, AZEEZ SAIT NAGAR, UDAYAGIRI, MYSURU-570 019. 13. SMT. HUSNA W/O. AFSAR AHMED AGED MAJOR RESIDING AT NO.330, BEEDI COLONY, AZEEZ SAIT NAGAR, UDAYAGIRI, MYSURU 570 019. 14. SRI. MOHAMMED SHOAIB S/O. AFSAR AHMED - 4 - HC-KAR NC: 2025:KHC:45359-DB WPHC No. 119 of 2025 AGED MAJOR RESIDING AT NO.330, BEEDI COLONY, AZEEZ SAIT NAGAR, UDAYAGIRI, MYSURU-570 019. 15. SRI. RAHEEL S/O. NOT KNOWN AGED MAJOR RESIDING AT NO.330, BEEDI COLONY, AZEEZ SAIT NAGAR, UDAYAGIRI, MYSURU - 570 019. …RESPONDENTS (BY SRI. B.A.BELLIAPPA, SPP-I WITH SRI. THEJESH P., HCGP FOR R1 TO R10) THIS WP(HC) IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF HABEAS CORPUS DIRECTING THE RESPONDENTS TO PRODUCE THE SON OF THE PETITIONER MASTER. SYED SHAIZAN ALI BEFORE THIS HON'BLE COURT, WHO HAS BEEN KIDNAPPED ON 22.10.2025 AT ABOUT 9.00 P.M. FROM THE HOUSE OF THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 5 - HC-KAR NC: 2025:KHC:45359-DB WPHC No. 119 of 2025 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This writ petition is filed seeking to issue directions to the respondents to produce the son of the petitioner who has been kidnapped on 22.10.2025 at 9:00 p.m. from the house of the petitioner. 2. It is stated in the writ petition that respondent No.11 is the estranged wife of the petitioner and that there is a matrimonial dispute pending between them. It is further stated that on 12.09.2024, respondent No.11 had submitted the complaints before the police alleging harassment by the petitioner and that the petitioner had filed Writ Petition No.25956/2024. An ad-interim order dated 20.09.2024 was passed directing the police not to interfere with the custody of the child of the petitioner. 3. It is further submitted that thereafter, the learned Single Judge had disposed of the writ petition by Annexure-J order dated 09.09.2025 requiring the parties to approach the jurisdictional Family Court. It is submitted - 6 - HC-KAR NC: 2025:KHC:45359-DB WPHC No. 119 of 2025 that thereafter, respondent No.11, along with her mother and other members of her family and others had come to the petitioner's house and had forcefully taken the child away with them. An FIR is also registered in this regard. It is therefore submitted that respondents No.1 to 10 are liable to take appropriate action to see that the petitioner's child is produced before this Court. 4. The learned State Public Prosecutor appearing for the respondents submits that the dispute between the parties is clearly a matrimonial dispute and the grievance raised here is with regard to custody of a minor child. 5. Having considered the contentions advanced, we are of the opinion that this present writ petition(habeas corpus) is not maintainable. The custody of the child, even if the allegations of the petitioner are accepted in toto, is with his mother at present. The petitioner also states that he has filed the criminal complaint with regard to the abduction of the child from his custody. Once, such a - 7 - HC-KAR NC: 2025:KHC:45359-DB WPHC No. 119 of 2025 complaint is raised, it is for the jurisdictional police to consider whether any crime is committed and to take appropriate steps in accordance with law. In case the petitioner has any grievance with regard to custody of his child, he has the remedy of approaching the jurisdictional Family Court by filing a proper application as directed in Annexure J. The filing of this writ petition(habeas corpus) is an abuse of process of Court. 6. In the above circumstances, the writ petition is dismissed with a cost of Rs.5,000/- which is to be paid to The High Court Legal Services Committee (HCLSC), High Court of Karnataka, Bengaluru, within a period of four weeks. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK, List No.: 2 Sl No.: 2