- 1 - HC-KAR NC: 2026:KHC:14468-DB WPHC No. 26 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.26 OF 2026 BETWEEN: SURYAKANTH M RAIKAR S/O MADHUSUDHAN N RAIKAR AGED ABOUT 46 YEARS, NO.31, 18TH MAIN ROAD, M.C. LAYOUT, VIJAYANAGAR, BANGALORE – 560 040 …PETITIONER (BY SRI. SRIVASTHAVA H K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA MINISTRY OF HOME AFFAIRS REPRESENTED BY PRINCIPAL SECRETARY VIDHANA SOUDHA, AMBEDKAR VEEDHI BANGALORE – 560 001 2. THE STATE OF KARNATAKA THROUGH INSPECTOR OF POLICE, VIJAYANAGAR P.S, VIJAYANAGAR, BANGALORE, REPRESENTED BY STATE PUBLIC PROSECUTOR 3. COMMISSIONER OF POLICE, BANGALORE CITY, INFANTRY ROAD BANGALORE – 560 001. Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNTAKA - 2 - HC-KAR NC: 2026:KHC:14468-DB WPHC No. 26 of 2026 4. COMMISSIONER OF POLICE, MANGALORE CITY, NEAR POLICE TRAINING SCHOOL, PANDESHWAR, MANGALORE, KARNATAKA – 575 001. 5. KANKANADY TOWN POLICE STATION MANGALORE - DHARMASTALA HWY, HQ NAGARI, PADIL, MANGALORE, KARNATAKA – 575 007. 6. SMT. ANUSHA S RAIKAR D/O SURYAKANTH M RAIKAR AGED ABOUT 19 YEARS RESIDENT OF NO.31, 18TH MAIN ROAD, M.C. LAYOUT, VIJAYANAGAR, BANGALORE – 560 040. ALSO AT SRI. MANGALADEVI JEWELLERY NEAR MANGALA DEVI TEMPLE, MANGALORE – 575 001 7. SMT. SAROJA W/O LATE LAXMIKANTH H VERNEKAR C/O RAGHAVENDRA L VERNEKAR SRI. MANGALADEVI GOLD PALACE OPPOSITE TO UNIVERSITY COLLEGE HAMPANKATTE, MANGALORE – 575 001. 8. RAJESH L. VERNEKAR S/O LATE LAXMIKANTH H VERNEKAR AGED ABOUT 46 YEARS SRI. MANGALADEVI JEWELLERY NEAR MANGALA DEVI TEMPLE, MANGALORE – 575 001. 9. RAGHAVENDRA L VERNEKAR S/O LATE LAXMIKANTH H VERNEKAR AGED ABOUT 45 YEARS SRI MANGALADEVI GOLD PALACE OPPOSITE TO UNIVERSITY COLLEGE - 3 - HC-KAR NC: 2026:KHC:14468-DB WPHC No. 26 of 2026 HAMPANKATTE, MANGALORE – 575 001. 10. RAVISH L VERNEKAR S/O LATE LAXMIKANTH H VERNEKAR AGED ABOUT 40 YEARS SUVARNA LAXMI JEWELLERS FAVOURITE COLLECTION NEAR RADHA MEDICALS BYNDOORWELL, KANAKANADI MANGALORE – 575 002 AND MASTER ADITHYA S RAIKAR S/O SURYAKANTH M RAIKAR AGED ABOUT 9 YEARS RESIDENT OF NO.31, 18TH MAIN ROAD, M.C. LAYOUT, VIJAYANAGAR, BANGALORE – 560 040 ALSO AT SRI. MANGALADEVI JEWELLERY NEAR MANGALA DEVI TEMPLE, MANGALORE – 575 001. …RESPONDENTS (BY SRI. B.A.BELLIAPPA., SPP-I A/W SRI. P.THEJESH, HCGP FOR R1 TO R5) THIS WP(HC) IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO a) ISSUE A WRIT OF HABEAS CORPUS BY DIRECTING THE RESPONDENT NO.2 POLICE TO PRESENT THE DETENUE MASTER ADITHYA S RAIKAR, BEFORE THIS HON'BLE COURT; b) TO HANDOVER THE CUSTODY OF THE DETENUE ADITHYA S RAIKAR TO PETITIONER AND ETC THIS PETITION COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:14468-DB WPHC No. 26 of 2026 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. 2. This writ petition is filed seeking the following reliefs:- “a. To issue a Writ of Habeas Corpus by directing the Respondent No.2 Police to present the detenue Master Adithya S Raikar, before this Hon'ble Court. b. To handover the custody of the detenue Adithya S Raikar to the petitioner. c. Pass such other Writ, Order of Direction, as this Hon'ble Court deems appropriate given the facts and circumstances of the case, in the interests of justice and equity.” 3. The learned counsel appearing for the petitioner submits that he is the father of a 19 year old girl and a 10 year old boy. It is submitted that his wife passed away in June, 2020. It is stated that the children were taken away by the relatives of his late wife and a Writ Petition (Habeas Corpus) was filed at that time. It is submitted that by - 5 - HC-KAR NC: 2026:KHC:14468-DB WPHC No. 26 of 2026 Annexure - H, order dated 25.01.2021 the custody of the children was handed over to the writ petitioner. It is submitted that now the children have been taken away from the custody of the petitioner - father by respondents No.6 to 10. It is submitted that since the 10 year old son of the petitioner is being detained by respondents No.6 to 9, a Writ of Habeas Corpus is liable to be issued. 4. We have noticed from the pleadings in the writ petition itself, that the issue is with regard to custody of a minor child which is squarely covered by the provisions of Section 7(1)(g) of the Family Courts Act, 1984. In Annexure H judgment also, while recording that respondents No.6 to 9 have handed over the custody of the minor children to the petitioner, the parties were left at liberty to work out their rights for seeking custody of the children before the appropriate forum. 5. We are clearly of the opinion that the dispute raised before us in this writ petition is with regard to - 6 - HC-KAR NC: 2026:KHC:14468-DB WPHC No. 26 of 2026 custody of a minor child. There is no element of illegal detention for exercise of Habeas Corpus jurisdiction of this Court. 6. Accordingly, the Writ Petition (Habeas Corpus) is closed. All the contentions of the parties are left open to be agitated in the appropriate proceedings. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE YKL List No.: 2 Sl No.: 5