- 1 - HC-KAR NC: 2026:KHC:21200-DB WPHC No. 24 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION (HABEAS CORPUS) NO.24 OF 2026 BETWEEN: MRS. SUSANA MARIA SPINOLA W/O MR. ARMANDO AUGUSTO FREDERICK DE SPINOLA AGED ABOUT 69 YEARS RESIDING AT No.9/502 D KEMPIRI ROAD NEAR ST. AGNES CONVENT PANDIKUDY MATTANCHERRY, ERNAKULAM KERALA-682 002 AADHAAR: 3612 6340 6206 …PETITIONER (BY SRI. TIMOTHY CHARLES, ADVOCATE A/W SMT. NETANYA LUCINDA SCOTT, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY THE SECRETARY DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT M.S. BUILDING, BENGALURU-560 001 2. CHILD WELFARE COMMITTEE -2 REP. BY THE CHAIRPERSON DR. M.H. MARIGOWDA ROAD BEHIND KIDWAI HOSPITAL HOSUR ROAD, BENGALURU-560 029 Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21200-DB WPHC No. 24 of 2026 3. THE SUPERINTENDENT/WARDEN GIRLS CHILDREN HOME DR. M.H. MARIGOWDA ROAD BEHIND KIDWAI HOSPITAL HOSUR ROAD, BENGALURU-560 029 4. THE STATION HOUSE OFFICER HULIMAVU POLICE STATION BENGALURU-560 076 5. MS. SAIRA FERNANDEZ No.4/D, FIRST FLOOR, PHASE 2ND BLOCK BTM 6TH STAGE, AREKERE BG ROAD BENGALURU-560 076 MOBILE: 9562062468 / 9916359474 …RESPONDENTS (BY SRI. P. THEJESH, HCGP FOR R1 TO R4 VIDE ORDER DATED 13.03.2026) THIS WP(HC) IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS DIRECTING RESPONDENT No.3 TO PRODUCE THE DETENUE MINOR CHILD - Ms. HANUKKAH ESTHER SPINOLA, BEFORE THIS COURT AND UPON SUCH PRODUCTION ENTRUST THE CUSTODY OF THE DETENUE TO THE PETITIONER. THIS WP(HC), 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 - 3 - HC-KAR NC: 2026:KHC:21200-DB WPHC No. 24 of 2026 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This Writ Petition (Habeas Corpus) is filed seeking the following reliefs:- "A. Issue a writ of Habeas Corpus directing the Respondent No.3 to produce the detenue minor child Ms. Hanukkah Esther Spinola, before this Hon'ble Court and upon such production entrust the custody of the detenue to the Petitioner; and B. Issue a writ in the nature of certiorari or any other writ, order or direction quashing the Order of Placement of the Child (Annexure-A) passed by the Respondent No.2 as illegal and arbitrary; and C. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction to direct the Respondent No.4 Police to register a First Information Report for the sexual offences committed on the detenue and conduct the investigation in accordance with law." - 4 - HC-KAR NC: 2026:KHC:21200-DB WPHC No. 24 of 2026 2. We have heard Shri. Timothy Charles, learned counsel along with Smt. Netanya Lucinda Scott, learned counsel appearing for the writ petitioner as well as Shri. Thejesh. P, learned High Court Government Pleader appearing for respondents No.1 to 4. Though, notice was taken out to respondent No.5 and was duly served, there is no appearance for respondent No.5. 3. We had also interacted with Hanukkah Esther Spinola on 13.03.2026 and on her request we had allowed her to accompany the petitioner, who is her paternal grandmother to Kochi. 4. The learned counsel for the petitioner submits that the child is at Kochi with the petitioner and is happy there, at present. 5. A Social Investigation Report prepared by the Department of Women and Child Development has been placed on record in the instant case. We notice from the - 5 - HC-KAR NC: 2026:KHC:21200-DB WPHC No. 24 of 2026 said report that on reports obtained from the District Child Protection Officer in Ernakulam, Kerala, the respondents have concluded that the child seems happy and safe with her paternal grandmother and that her father is taking steps to take the child to his workplace in Dubai. We also notice from the report that the child has reported that she was sexually abused by her step father. 6. In the above circumstances and in view of the fact that the child is presently with her paternal grandmother in Kochi, Kerala and seems to be properly taken care of, we are of the opinion that no further orders are required to be passed in this writ petition. 7. The Writ Petition (Habeas Corpus) is accordingly closed. However, we make it clear that the official respondents shall take appropriate steps in terms of the report submitted by the Department of Woman and Child Development dated 10.04.2026. - 6 - HC-KAR NC: 2026:KHC:21200-DB WPHC No. 24 of 2026 It will be open to either of the parents to move appropriate applications for custody or Guardianship of the Child, as required. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE cp* List No.: 16 Sl No.: 1