Allowed

Sri Raja G v. State of Karnataka

Karnataka HC8 Apr 2024WPHC/123/2023

Case brief

AI extract

What is this about?

Habeas corpus petition seeking production of a minor girl taken away from home. The court interacted with the girl in chambers; she stated she was happy living with her parents. Noting a POCSO case against the person who took her, the court directed her continued stay with her parents.

What did the court decide?

Writ petition ordered directing continued stay of the minor with her parents; other contentions left open.

Sri Raja G Vs State of Karnataka — Child Custody and Guardianship | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:14438-DB WPHC No. 123 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 8^TH DAY OF APRIL, 2024

¶4

PRESENT

¶5

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

¶6

AND

¶7

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

¶8

W.P.H.C. NO. 123 OF 2023

¶9

BETWEEN:

¶10

SRI. RAJA G S/O GEVISENDRAYAN AGED ABOUT 46 YEARS R/AT NO.13, 9^TH MAIN OPP. TO SUNSHINE MEDICAL HONGASANDRA BENGALURU, PIN-560 068 …PETITIONER

¶11

(BY SHRI. R. MANJU BYRAL, ADVOCATE)

¶12

AND:

¶13

Digitally signed by MADHUSHREE H Location: High Court of Karnataka

¶14

STATE OF KARNATAKA BY SECRETARY DEPARTMENT OF HOME AFFAIRS VIKASA SOUDHA DR.AMBEDKAR VEEDHI BENGALURU-560 001

¶15

THE COMMISSIONER OF POLICE BANGALORE CITY INFANTRY ROAD BENGALURU-560 001

¶16

THE DEPUTY COMMISSIONER OF POLICE BENGALURU SOUTH EAST DIVISION BENGALURU-560 001

¶17

THE ASST. COMMISSIONER OF POLICE ELECTRONIC CITY SUB-DIVISION HOSUR ROAD, BENGALURU-560 114

¶18

¶19

NC: 2024:KHC:14438-DB WPHC No. 123 of 2023

¶20

THE STATION HOUSE OFFICER BEGUR POLICE STATION 737, 1, BEGUR ROAD VISHWAPRIYA NAGAR

¶21

BEGUR, BENGALURU-560 114 …RESPONDENTS

¶22

(BY SHRI. M.V. ANOOP KUMAR HCGP FOR R1 TO R5)

¶23

THIS WPHC IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF HABEAS CORPUS AGAINST THE RESPONDENTS TO SECURE AND PRODUCE THE BODY OF MISS.YUGANESHWARI BEFORE THIS HON'BLE COURT AND PASS SUCH OTHER ORDERS AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE.

¶24

THIS WPHC, COMING ON FOR ORDERS, THIS DAY, ANU SIVARAMAN J., MADE THE FOLLOWING:

¶25

ORDER

¶26

We have heard the learned counsel appearing on either side. We have also interacted with the minor girl and her parents who were present before us in chambers. The girl submits that she is staying with her parents and that she is happy in her present place of stay along with her parents. She states that her parents are taking good care of her and she realizes that they are able to provide her proper love and care. The parents who are present before us have also stated that they do not intent to take any retaliatory measures and that they will see that the girl continues her education.

¶27

3 - NC: 2024:KHC:14438-DB WPHC No. 123 of 2023

¶28

Shri Anoop Kumar, learned High Court Government

¶29

Pleader for the respondents submits that a POCSO (Protection of Children from Sexual Offences) case has been registered against the person, who had taken the minor girl along with him and that the proceedings are continuing against him.

¶30

In the above view of the matter, we are of the opinion that since the minor is with her parents and is fully consenting to continue her residence with them; nothing further requires to be ordered in this writ petition.

¶31

Hence, the following:

¶32

ORDER

¶33

(i) Writ Petition is ordered directing the continued stay of the minor along with her parents.

¶34

(ii) All other contentions are left open.

¶35

Sd/JUDGE

¶36

Sd/JUDGE

¶37

CP, List No.: 1 Sl No.: 9

Sri Raja G v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Raja G v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Uma Vs Banashankar

Smt Uma Vs Banashankar

Smt Divya C G Vs Sri Purushothamaraju H G

Sri Basavarajappa Vs the Special Land Acquisition Officer

M/S. Akshay Food Park Ltd., Vs Food Karnataka Limited

Smt Rathnamma Vs Sri Chaluvaraj