- 1 - NC: 2025:KHC-D:2421-DB WPHC No. 100027 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WPHC NO. 100027 OF 2024 BETWEEN: SMT. ISHWARI W/O SHRINIVAS KADAMURI AGE. 37 YEARS, OCC. LABOURER, R/O ILKAL GANDHI CIRCLE, TQ. ILKAL, DITS. BAGALKOTE 587125. …PETITIONER (BY SRI. GANAPATI M. BHAT, ADVOCATE) AND: 1. THE SUPERINTENDENT OF POLICE, BAGALKOT, S.P.OFFICE, NAVANAGAR, BAGALKOT, DIST.BAGALKOT 587103. 2. THE POLICE SUB-INSPECTOR, ILKAL POLICE STATION, TQ. ILKAL, DIST. BAGALKOTE 587125. 3. KRISHNA S/O NAGAPPA MUNGALI Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:2421-DB WPHC No. 100027 of 2024 AGE. 31 YEARS, OCC. BROOMSTICK BUSINESS, R/O ILKAL, ALAMPUR PET, TQ. ILKAL, DIST. BAGALKOTE 587 25. …RESPONDENTS (BY SRI. G.K. HIREGOUDAR, GOVT. ADV. FOR R1 & R2; NOTICE TO R3 IS SERVED) THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, WRIT IN THE NATURE OF HABEAS CORPUS OR ANY OTHER NATURE DIRECTING THE RESPONDENT NOS.1 AND 2 TO PRODUCE KUMARI SHALINI, D/O SHRINIVAS KADAMURI, AGE 16 YEARS, STUDENT R/O ILKAL GANDHI CIRCLE, TQ.ILKAL, DIST.BAGALKOTE PRESENTLY RESPONDENT NO.3’S ILLEGAL CUSTODY AND FURTHER DIRECTING THE RESPONDENT NO.3 TO RELEASE HER FROM HIS ILLEGAL CUSTODY, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WPHC, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 3 - NC: 2025:KHC-D:2421-DB WPHC No. 100027 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The petitioner, the mother of a girl aged sixteen years, has filed this petition for a writ of habeas corpus to the jurisdictional Police to secure the presence of her daughter alleging that the third respondent, a married man, had lured her. The respondents have produced the minor girl, and she is presently with the Government Girl’s Home at Bagalkote. It is also part of the record that a FIR is registered against the third respondent for different offences including offences punishable under the Protection of Children from Sexual Offences Act, 2012. 2. This Court has endeavoured to ascertain whether the minor could accompany the petitioner with this turn of events. The petitioner is categorical that, she being a single mother with the responsibilities of looking after a parent-law who has impaired vision, will not be able to make alternative arrangements for the minor’s stay immediately and that the minor’s stay at the same residence would be prejudicial to her as well as the minor’s interest. The - 4 - NC: 2025:KHC-D:2421-DB WPHC No. 100027 of 2024 possibility for an interim arrangement until the petitioner makes an alternative arrangement is explored. In this regard, this Court must appreciate the assistance received by this Court from Ms. Vijaya Hiremath, a Member of the Child Welfare Committee [CWC], Bagalkote and her team as also Sri. Sunil A. Savadi, the CPI, Hungund Police Station, Bagalkote District. 3. After this Court’s interaction with the petitioner, the minor, the Member of the CWC and the jurisdictional Police Officer and in terms of the liberty reserved, the following is brought on record. [a] The minutes are drawn on the transfer procedure to be followed to place the minor initially with a NGO at Bengaluru under the aegis of CWC, Bengaluru with a further arrangement for the minor’s stay at the State Home in Bengaluru with arrangements for her to pursue her disrupted studies in a Government Institution. [b] The petitioner has filed affidavit agreeing for this arrangement and stating that this - 5 - NC: 2025:KHC-D:2421-DB WPHC No. 100027 of 2024 arrangement could prevail until she is able to make an alternative arrangement for the minor’s stay in Bengaluru. 4. The minutes placed on record demonstrates that the minor, under the aegis of CWC, Bagalkote will be transferred to CWC, Bengaluru to be placed initially with M/s. Don Bosco, a Non-Governmental Organization [N.G.O.] where the minor can receive vocational training in Beauty Parlour, Computer and Tailoring courses; that these courses will be for a period of three to four months; that the minor will be placed with the aforesaid Institution which has a residential accommodation on the recommendation of the Superintendent of the Government Home for Girls in Bengaluru and this would enable the minor’s rehabilitation. 5. These contents are once again reiterated by Ms. Vijaya Hiremath, who is present. When queried, Ms. Vijaya Hiremath submits that for the present, the minor will be at the Government Girls’ Home at Bagalkote and once the necessary transfer formalities are completed, the minor will - 6 - NC: 2025:KHC-D:2421-DB WPHC No. 100027 of 2024 be transported to be housed with M/s. Don Bosco and this could happen within a period of one week. 6. The petitioner who is present once again reiterates the consent stating that if she is unable to make alternative arrangements within four months, the minor can be placed at the Government Home for Girls at Bengaluru with appropriate arrangements for resumption of the minor’s education. In the light of these, this Court is of the opinion that the person of the minor is secured and that she would also be rehabilitated if what is presented is pursued. As such, the petition stands disposed of directing the CWC, Bagalkote to act in terms of the afore for transportation of the minor to the NGO/Government Girl’s Home under ageis of CWC, Bengaluru and for the minor’s rehabilitation. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE RSH, CT:VP LIST NO.: 1 SL NO.: 2