- 1 - NC: 2025:KHC-K:1664-DB WPHC No. 200006 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 14TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION HABEAS CORPUS NO.200006 OF 2025 BETWEEN: GUNDERAYA S/O KUPENDRA SHAHAPUR AGED ABOUT 42 YEARS, OCC: HOMEGUARD R/O: NEAR DHANATAI NAGAR NANDIKUR TQ AND DIST KALABURAGI 585 102. …PETITIONER (BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY COMMISSIONER OF POLICE KALABURAGI DIST KALABURAGI 585 101. 2. THE POLICE SUB INSPECTOR STATION BAZAR POLICE STATION TQ AND DIST KALABURAGI 585 301. …RESPONDENTS (BY SMT. ARCHANA P. TIWARI, AAG A/W SMT. MAYA T.R., HCGP) THIS WPHC FILED IS UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THIS WRIT PETITION AND ISSUE A WRIT OF HABEAS-CORPUS OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION TO A) DIRECT THE RESPONDENT POLICE TO PRODUCE KUM. VAISHNAVI D/O GUNDERAYA, AGED ABOUT 17 YEARS 04 MONTHS, RESIDENT OF NEAR DHANATAI NAGAR, NANDIKUR, Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1664-DB WPHC No. 200006 of 2025 TQ AND DIST KALABURAGI, BEFORE THIS HONOURABLE COURT AND ETC. THIS WPHC COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE AND HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. Heard the learned counsel for the petitioner and learned Additional Advocate General for the respondents- State. 2. This petition is filed to secure the presence of Kumari Vaishnavi D/o Gunderaya, aged 17 years 04 months, resident of near Dhanatai Nagar, Nandikur, taluk and district Kalaburagi. 3. The petitioner is the father of Kumari Vaishnavi, who is said to be absconding since 22.02.2025. In this regard, a missing complaint is registered on 24.02.2025 before the respondent No.2-Police in Crime No.48/2025. This petition is filed under the premise that, subsequent to filing - 3 - NC: 2025:KHC-K:1664-DB WPHC No. 200006 of 2025 of complaint, no further progress is shown in the investigation. This Court vide order dated 07.03.2025 issued notice to the respondents. 4. Today, the detenue/Kumari Vaishnavi is brought before the Court by the Police. The parents i.e. father/petitioner and mother of Kum. Vaishnavi are also present before the Court. 5. This Court held in-camera interaction with Kum. Vaishnavi, her mother and the petitioner and also learned counsel for the petitioner and the respondents. 6. Kum. Vaishnavi states that, she was in Bengaluru since 22.02.2025 and she has stayed in Bengaluru along with his friend Pallavi. She further states that, she went to Bengaluru as her parents insisted her to get married and she further states that she wants to pursue her education. 7. The parents of Kum. Vaishnavi namely Sri. Gunderaya – the petitioner and Smt. Sushilabai, have made a statement that, they have no intention to perform the marriage of their daughter against her wish. It is further - 4 - NC: 2025:KHC-K:1664-DB WPHC No. 200006 of 2025 stated that, Kum. Vaishnavi is a minor and she has not attained legally marriageable age. 8. After having interacted with the parties, who are present before us, it is also noticed that, the parents are willing to take their daughter to their home and Kum. Vaishnavi has also expressed her willingness to stay with her parents. 9. Since a reference is made to a person by name Nagayya Guttedar in the complaint registered in Crime No.48/2025, the respondent-police considering the age of Kumari Vaishnavi D/o. Sri. Gunderaya Shahapur, shall take necessary steps in accordance with law, in the light of the allegations made in the complaint. 10. Since Kum. Vaishnavi is secured before this Court, nothing further survives for consideration in this petition. 11. The petitioner-father and her mother shall take the custody of Kumari Vaishnavi, as she has expressed her willingness to join her parents. - 5 - NC: 2025:KHC-K:1664-DB WPHC No. 200006 of 2025 12. This Court has also noticed the presence of Smt. Indira, PSI and Smt. Jyoti, WHC-161, Police Constable of Station Bazar Police Station, Kalaburagi. 13. Accordingly, the petition disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE SVH List No.: 2 Sl No.: 1