- 1 - HC-KAR NC: 2025:KHC:37453-DB WPHC No. 98 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K WPHC NO. 98 OF 2025 BETWEEN: MRS NAMAWEJJE MARIAM W/O HAMID ABSILLAH, AGED ABOUT 32 YEARS, OCC: COSMETIC BUSINESS, R/AT FLAT NO.203, RRK APARTMENT, 2ND FLOOR, VINAYAKA LAYOUT, CHINNAPPANAHALLI, BENGALURU - 560 037 (CITIZEN OF UGANDA) MOBILE NO. 73385 41820 EMAIL ID: namawejjemariam05@gmail.com …PETITIONER (BY SRI. BALAKRISHNA M R, ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA REPRESENTED BY Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37453-DB WPHC No. 98 of 2025 ITS HOME SECRETARY, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE DIRECTOR GENERAL & INSPECTOR GENERAL OF POLICE NRUPATUNGA ROAD, BENGALURU - 560 002. 3. THE COMMISSIONER OF POLICE BENGALURU CITY, INFANTRY ROAD, BENGALURU - 560 001. 4. THE STATION HOUSE OFFICER WHITEFIELD POLICE STATION, WHITEFIELD, BENGALURU - 560 066 5. THE DIRECTOR FOREIGN REGIONAL REGISTRATION OFFICE 5TH FLOOR, 'A' BLOCK, TTMC, BMTC BUS STAND BUILDING K.H ROAD, SHANTHINAGAR BENGALURU - 560 027 6. NEW ARK MISSION OF INDIA (DETENTION CENTRE) HOME OF HOPE, 5TH CROSS, KRC ROAD, DODDAGUBBI, SONAM LAYOUT, BENGALURU - 3 - HC-KAR NC: 2025:KHC:37453-DB WPHC No. 98 of 2025 KARNATAKA - 560 077 …RESPONDENTS (BY SRI. THEJESH.P, HCGP FOR R1-R4, SRI. SHANTHI BHUSHAN H, DSGI FOR R5 & R6) THIS WPHC IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF HABEAS CORPUS DIRECTING THE RESPONDENT NO.5 AUTHORITY TO PRODUCE THE PETITIONER'S MINOR CHILD BY NAME HAMID CHALLA FROM THE ILLEGAL DETENTION/ CUSTODY RESPONDENT NO.6 FORTHWITH BEFORE THIS HON'BLE COURT AND HANDOVER THE MINOR CHILD TO THE CUSTODY 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 RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This Writ Petition has been filed alleging that the minor child of the petitioner has been placed in illegal custody by the respondents herein. The passport of the petitioner and the birth certificate of the minor child along with the identity certificate are produced with the writ petition. - 4 - HC-KAR NC: 2025:KHC:37453-DB WPHC No. 98 of 2025 2. We have heard learned counsel Sri Balakrishna M.R., for the petitioner, Sri Thejesh P., learned High Court Government Pleader for respondents No.1 to 4 and Sri Shanthi Bhushan H., learned DSGI for respondents No.5 and 6. 3. Today, a statement has been placed on record by the learned DSGI on behalf of respondents No.5 and 6, wherein it is stated that the writ petitioner is a Ugandan national who has entered India on a e-tourist VISA which has expired on 01.10.2024 and has never registered with the Foreign Regional Registration Office and is overstaying in the country. It is submitted that, during the profiling, one of the ladies, who was found with the child, had contended that she is the mother of the child and thereafter on 23.08.2025, the petitioner had produced a fake E-mail along with ETD of the child and a letter from the Uganda High Commission, New Delhi which was found to be forged. 4. Learned counsel for the petitioner submits that the petitioner is ready to leave the country, if the child is also deported along with her. - 5 - HC-KAR NC: 2025:KHC:37453-DB WPHC No. 98 of 2025 5. The learned DSGI submits that the identity of a child and the fact that the petitioner is the mother of the child had been confirmed by the High Commission. 6. He further submits that, appropriate steps to see that the petitioner is sent back to her country i.e., Uganda along with the child will be taken by the respondents without any further delay. The petitioner will be put on a flight to Uganda and the custody of the child will be given in the flight. The said submissions are recorded. 7. The Writ Petition is accordingly disposed of. It is made clear that the petitioner will remain at the detention centre along with a child till she is deported. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE HKV List No.: 2 Sl No.: 3