High Court disposed of a writ petition seeking production of a minor child. Court restored custody to the mother after in-camera hearing and observed insensitive police handling.
Custody of the child restored to the petitioner/mother; petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:44368-DB WPHC No.99/2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2024 PRESENT
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WPHC NO.99/2024
BETWEEN:
SMT. DILMAYA LIMBO C/O MATHEW AGED 29 YEARS #21, MERI ELAM 2ND CROSS, HORMAVU AGRAHARA BENGALURU - 560056.
…PETITIONER
Digitally signed by A K CHANDRIKA Location: High Court of Karnataka
(BY SMT. ARCHANA K.M. ADV.,)
AND:
…RESPONDENTS
(BY SRI. B.A. BELLIAPPA, SPP-I A/W SRI. M.V. ANOOPKUMAR, HCGP FOR R1 & R2)
NC: 2024:KHC:44368-DB WPHC No.99/2024
THIS WPHC IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF HABEAS CORPUS DIRECTING THE RESPONDENT NO.3 TO CAUSE THE PRODUCTION OF THE MINOR DAUGHTER OF THE PETITIONER NAMELY MISS. LIYANA MAYA MATHEW BORN ON 15.10.2019. ISSUE A WRIT/ORDER/DIRECTION TO THE RESPONDENT NOS.1 AND 2 TO CONDUCT IN THEIR BEST OFFICIAL DUTY IN FINDING THE MINOR DAUGHTER OF THE PETITIOENR AND ALSO TO REGISTER AN APPROPRIATE FIR FOR THE OFFENCES COMMITTED BY THE RESPONDENT NO.3 AS COMPLAINED BY THE PETITIONER IN HER COMPLAINT AT ANNEXURE-E OF THIS PETITION AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL and HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
ORAL ORDER
(PER: HON'BLE MRS JUSTICE K.S.MUDAGAL )
Sri.Ravi, PSI, Hulimavu police station accompanied by WPC 20869-Smt.Shivamma submits the reports of Sri.Suban Basha, ASI and Sri.Srikanth, PC-20682 to the effect that detenue/girl child, aged 5 years was traced in Balangeer, Odisha State along with respondent No.3 and on bringing the child she is lodged in Government Shishumandir, Bengaluru.
NC: 2024:KHC:44368-DB WPHC No.99/2024
inquired or produced before the Magistrate. The whole process
smacks of insensitivity in handling case of the girl child.
to the custody of petitioner/mother, this petition does not survive for further consideration and disposed of accordingly.
Copy of this order shall be shall be sent to the Commissioner of Police for sensitizing the Investigating Officers in such cases.
Sd/(K.S.MUDAGAL) JUDGE
Sd/(VIJAYKUMAR A. PATIL) JUDGE
RV
List No.: 4 Sl No.: 1
2 issues framed by the court
Whether the custody of a rescued minor girl child should be restored to the petitioner mother immediately.
Whether the police handling of the girl child's rescue ignored statutory requirements for juvenile protection.
1 provisions across 1 enactments
Smt. Dilmaya Limbo
State of Karnataka
Sub Inspector of Police Hulimavu
Chandramani Kanner
K.S. Mudagal
Vijaykumar A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
