- 1 - HC-KAR NC: 2026:KHC:13089-DB WPHC No. 18 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION HABEAS CORPUS NO. 18 OF 2026 BETWEEN: SMT. SUDHA S., AGED ABOUT 35 YEARS, W/O. SELVANARAYANAN, R/AT NO. 44/34, 11TH C CROSS, VYALIKAVAL, MALLESHWARAM, BENGALURU NORTH - 560 003. …PETITIONER (BY SMT. S. SUSHEELA SENIOR ADVOCATE FOR SRI. SUHAS G, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE STATION HOUSE OFFICER, ADUGODI WOMEN POLICE STATION, AGNEYA VIBHAGA, BENGALURU - 560 030. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 001. Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13089-DB WPHC No. 18 of 2026 3. SRI. SELVANARAYANAN, AGED ABOUT 39 YEARS, S/O. GOKULARAMAN, R/AT NO. 30/7, 3RD CROSS, LALJINAGAR, LAKKASANDRA, BENGALURU - 560 030. 4. SMT. BHUPATHI, AGED ABOUT 60 YEARS, W/O. GOKULARAMAN, R/AT NO. 30/7, 3RD CROSS, LALJINAGAR, LAKKASANDRA, BENGALURU - 560 030, ALSO AT VILLUPURAM, TAMIL NADU. NAME AND DETAIL OF THE DETENUE MASTER HEMANTH KARTHIKEYAN (MINOR AGED ABOUT ONE YEAR) REP BY THE FATHER DETENUE SRI. SELVANARAYANAN, AGED ABOUT 39 YEARS, S/O GOKULARAMAN, R/AT NO.30/7, 3RD CROSS, LALJINAGAR, LAKKASANDRA, BENGALURU - 560 030. PH NO. 99944 12193. …RESPONDENTS (BY SRI. THEJAS P., HCGP FOR R1 & R2) - 3 - HC-KAR NC: 2026:KHC:13089-DB WPHC No. 18 of 2026 THIS WP(HC) IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, R/W SECTION 482 OF THE CRIMINAL PROCEDURE, 1973 BY THE PETITIONER, WHEREIN PRAYS THAT THE HONBLE COURT MAY BE PLEASED TO ISSUE A WRIT OF HABEAS CORPUS DIRECTING RESPONDENTS NO.1 AND 2 TO SECURE THE PRODUCE THE MINOR CHILD MASTER HEMANTH KARTHIKEYAN, AGED ABOUT ONE YEAR AND TWENTY DAYS FROM THE ILLEGAL CUSTODY OF RESPONDENT NO.3 AND 4 BEFORE THIS HON'BLE COURT AND TO HAND OVER THE CUSTODY OF THE SAID MINOR CHILD TO THE PETITIONER HEREIN 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 MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard the learned Senior Counsel appearing for the petitioner. 2. The contentions raised in this writ petition are that a one year old child has been taken away from the custody of his mother by the third respondent who is his - 4 - HC-KAR NC: 2026:KHC:13089-DB WPHC No. 18 of 2026 father and the child is being handed over to the fourth respondent, who is the paternal grandmother and that the child is likely to be taken away out of the State of Karnataka. 3. When a mention was made before this Court yesterday we had alerted the petitioners counsel that the matter is a custody dispute between the parents of a minor child and that the Family Court in Bengaluru is to be approached for appropriate orders. However, when the matter is taken up today, it is stated that the Family Court has not been approached and since the child is of a very tender age, a Writ of Habeas Corpus is liable to be issued. 4. Having considered the contentions advanced, we are of the opinion that the facts as stated in the petition clearly shows that the issue between the parties is clearly a custody dispute of a minor child and no reason whatsoever exists as to why a Family Court cannot be approached for emergent orders in a case of this nature. - 5 - HC-KAR NC: 2026:KHC:13089-DB WPHC No. 18 of 2026 5. We find that there is no illegal detention involved in the instant case as such and that the writ petition is not maintainable. The writ petition is accordingly dismissed without prejudice to the contentions of the parties. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (T.M.NADAF) JUDGE PK List No.: 2 Sl No.: 3