- 1 - HC-KAR NC: 2026:KHC:14467-DB WPHC No. 12 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WPHC NO.12 OF 2026 BETWEEN: SRI. NARASIMHAN R S/O RAGHAVACHAR N AGED ABOUT 41 YEARS R/AT NO.304, 3RD FLOOR, HEXAGON AYI APARTMENT 6TH MAIN, BALAJI NAGAR ITI LAYOUT, KATRHIGUPPE HOSAKERE HALLI BENGALURU - 560 085 …PETITIONER (BY SRI. GIRISH PATEL, ADVOCATE FOR SRI. TRIVIKRAM S S., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY SECRETARY HOME DEPARTMENT, ROOM NO.320, 3RD FLOOR VIDHANA SOUDHA BENGALURU - 560 001 2. DIRECTOR-GENERAL & INSPECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, NO.2 NRUPATHUNGA ROAD BENGALURU - 560 001 Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNTAKA - 2 - HC-KAR NC: 2026:KHC:14467-DB WPHC No. 12 of 2026 3. COMMISSIONER OF POLICE INFANTRY ROAD OPPOSITE COFFEE BOARD BENGALURU - 560 001 4. DEPUTY COMMISSIONER OF POLICE BENGALURU SOUTH SOUTH END CIRCLE BASAVANAGUDI BENGALURU - 560 004 5. ASSISTANT COMMISSIONER OF POLICE BENGALURU SOUTH SOUTH END CIRCLE BASAVANAGUDI BENGALURU - 560 004 6. STATION HOUSE OFFICER CHENNAMMANAKERE ACHUKATTU POLICE STATION BENGALURU - 560 001 7. COMMISSIONER OF POLICE MIRZA ROAD NEAR GANDHIVANA PARK, NAZARBAD LOKARANJAN MAHAL ROAD, MYSURU, KARNATAKA – 570 010 8. STATION HOUSE OFFICER VIDYARANYAPURAM POLICE STATION J P NAGARA MAIN ROAD, J P NAGARA MYSURU - 570 008 9. SMT. DIVYA V W/O NARASIMHAN R AGED ABOUT 40 YEARS R/AT NO.1036, 18/D 3RD MAIN, 4TH CROSS, S.J.H.S ROAD VIDYARANYAPURAM MYSORE – 570 008 …RESPONDENTS - 3 - HC-KAR NC: 2026:KHC:14467-DB WPHC No. 12 of 2026 (BY SRI. B.A.BELLIAPPA., SPP-I A/W SRI. P.THEJESH, HCGP FOR R1 TO R8; SRI. ANJAN KUMAR, ADVOCATE FOR R9) DETENUE BABY SAMHITA N ACHAR, D/O NARASIMHAN R, AGED ABOUT 1 YEAR 1 MONTH 3RD MAIN, 4TH CROSS, S.J.H.S ROAD, VIDYARANYAPURAM, MYSORE – 570 008 THIS WP(HC) IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS FOR THE PRODUCTION OF THE DETINUE BABY SAMHITA N ACHAR, D/O NARASIMHAN R FROM THE ILLEGAL DETENTION AT THE HANDS OF THE RESPONDENT NO.9 AND HAND OVER THE CUSTODY TO THE PETITIONER TILL THE DISPOSAL OF THE G&WC PETITION NO.425/2025 AND ETC THIS PETITION COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) We have heard the learned counsel appearing for the petitioner and the learned State Public Prosecutor appearing for respondents No.1 to 8. - 4 - HC-KAR NC: 2026:KHC:14467-DB WPHC No. 12 of 2026 2. The learned counsel appearing for the petitioner submits that the alleged detenue, a one year old child, was born by surrogacy and that his wife - respondent No.9 has illegally taken the child from the lawful custody of the petitioner. It is contended that a writ of Habeas Corpus is to be issued directing respondent No.9 to produce the alleged detenue before this Court. 3. Having considered the contentions advanced, we notice that the issue involved in this writ petition is with regard to the custody of a minor between parties to a marriage. It is also clear that the respondent No.9 has filed a Guardian and Wards case before the Family Court, Bengaluru, which is pending. It is submitted by the learned counsel appearing for the writ petitioner that a matrimonial case is also pending between the parties. In any view of the matter, we are of the opinion that since the issues are with regard to custody of a minor, there is no illegal detention involved justifying the issuance of writ of habeas corpus. - 5 - HC-KAR NC: 2026:KHC:14467-DB WPHC No. 12 of 2026 4. Accordingly, the Writ Petition (Habeas Corpus) is closed without prejudice to the contentions of the parties and their rights to approach the appropriate Court for redressal of their grievance. All contentions of both sides are left open. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE YKL List No.: 2 Sl No.: 4