- 1 - HC-KAR CNR: KAHC010632762026 NC: 2026:KHC:51843-DB WPHC No. 93 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA WRIT PETITION (HABEAS CORPUS) NO. 93 OF 2026 BETWEEN: ADITYA BARNWAL S/O BALRAM RAMESHWAR BARNWAL, AGED ABOUT 31 YEARS, R/O NO.14, MATHRUSHREE NILAYA, NEAR PADMA TENT, AMRUTAHALLI, BENGALURU-560092. …PETITIONER (BY SRI. MALLIKARJUN KORAVI, ADV. FOR SRI. TARJANI DESAI, ADV.) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HOME AFFAIRS, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU 560 001. 2. THE COMMISSIONER OF POLICE, BENGALURU CITY, NO.1, INFANTRY ROAD, BENGALURU - 560 001. Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010632762026 NC: 2026:KHC:51843-DB WPHC No. 93 of 2026 3. THE DEPUTY COMMISSIONER OF POLICE, NORTH-EAST DIVISION, NO.14/1, CQAL LAYOUT, KODIGEHALLI MAIN ROAD, SAHAKARA NAGAR, BENGALURU - 560092 4. THE INSPECTOR OF POLICE, AMRUTAHALLI POLICE STATION, B SECTOR, AMRUTAHALLI, BENGALURU - 560 092. 5. MS. RASHMI BARANWAL, D/O NANDKISHOR PRASAD, ADDRESS PRESENTLY UNKNOWN TO THE PETITIONER, BELIEVED TO BE RESIDING AT VILLAGE TIRWIRWAN, TOWARDS NORTH FROM CHURCH, POST GOPALGANJ, PS GOPALGANJ, DIST. GOPALGANJ, BIHAR. 6. SMT. RISHIKA BARNWAL @ KUMARI RISHIKA, W/O ADITYA BARNWAL, ADDRESS PRESENTLY UNKNOWN TO THE PETITIONER, BELIEVED TO BE RESIDING AT VILLAGE TIRWIRWAN, TOWARDS NORTH FROM CHURCH, POST GOPALGANJ, DIST. GOPALGANJ, BIHAR. …RESPONDENTS (BY SRI. B.N.JAGADEESHA, SPP-1 A/W SMT. DEEPTHI ALVA, HCGP FOR R1 TO R4) THIS WP(HC) IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA , PRAYING TO ISSUE A WRIT IN THE NATURE OF HABEAS CORPUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION , DIRECTING RESPONDENT NO.3, 4 AND 5 TO TAKE IMMEDIATE AND EFFECTIVE STEPS TO TRACE THE WHEREABOUTS OF THE DETENUE AND PRODUCE THE BODY / PERSON OF THE INFANT DETENUE BEFORE THIS COURT. - 3 - HC-KAR CNR: KAHC010632762026 NC: 2026:KHC:51843-DB WPHC No. 93 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE T.P.VIVEKANANDA ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This writ petition (Habeas Corpus) has been filed seeking the following reliefs; "Issue a Writ in the nature of Habeas Corpus, or any other appropriate writ, order, or direction, directing Respondent Nos.3, 4 and 5 to take immediate and effective steps to trace the whereabouts of the Detenue and produce the body/person of the infant Detenue) before this Hon'ble Court; Pass such further orders regarding the safety, welfare, and custody of the Detenue as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the best interest of the infant Detenue." 2. When the matter is taken up today, learned counsel for the petitioner has filed a memo seeking withdrawal of the writ petition without prejudice to the rights and - 4 - HC-KAR CNR: KAHC010632762026 NC: 2026:KHC:51843-DB WPHC No. 93 of 2026 contentions of the writ petitioner and seeks that liberty may be reserved to the writ petitioner to approach the Competent Family Court for appropriate relief relating to custody, visitation, etc. 3. Learned State Public Prosecutor submits that a complaint had been lodged against the writ petitioner by his wife alleging grievous assault on her and it was pursuant to the said complaint that the wife of the petitioner had taken the child and proceeded to her parental home. 4. In any view of the matter, we are of the opinion that since the writ petition is being withdrawn, no further consideration is required in this case. However, we make it clear that withdrawal of this writ petition (Habeas Corpus) will not stand in the way of investigation into any criminal complaint lodged in accordance with law. 5. The writ petition (Habeas Corpus) is therefore dismissed as withdrawn without prejudice to the contentions - 5 - HC-KAR CNR: KAHC010632762026 NC: 2026:KHC:51843-DB WPHC No. 93 of 2026 of the parties and their rights to approach appropriate Courts for consideration of their grievances and claims. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (T.P.VIVEKANANDA) JUDGE PN List No.: 2 Sl No.: 3