Shri Nagaraj S/O Basangouda Patil v. the Superintendent of Police

Karnataka HC13 Jun 2025WPHC/100013/2025

Case brief

AI extract

What is this about?

Habeas corpus; missing minor girl Sangeeta; father as natural guardian entitled to custody; DOB 20.07.2008; traced and produced by WHC-539 Haveri Women Police Station with P.S.I. S.R. Badiger; custody handed over at Didaguru Village, Haveri; Articles 226 and 227 Constitution of India; Superintendent of Police and Inspector of Police Haveri Women PS respondents; High Court of Karnataka Dharwad Bench; R.Nataraj; Rajesh Rai K; disposed on 13-06-2025.

What did the court decide?

Custody of the minor girl Sangeeta handed over to the petitioner (her father) at his place in Didaguru Village, Haveri Taluk & District, through WHC-539 of Haveri Women Police Station with P.S.I. Mr. S.R. Badiger; respondent No.2 directed to comply without exception. ¶¶32

Shri Nagaraj S/O Basangouda Patil Vs the… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

¶¶32

Issue for consideration

Whether an order in the nature of a writ of habeas corpus should issue directing respondents No.1 and 2 to produce the petitioner's daughter Miss. Sangeeta before the Court. +1 more

¶¶20

Court's answer

Since the daughter was secured and produced before the Court by WHC-539 of Haveri Women Police Station along with Police Sub-Inspector Mr. S.R. Badiger, custody of the minor girl is directed to be handed over to the petitioner at his place in Didaguru Village, Haveri Taluk & District.

¶¶31

Ratio / Principle

On enquiry by the Court, the girl disclosed her date of birth as 20.07.2008; therefore she is a minor and her father, being the natural guardian, is entitled to her custody.

¶¶28

Key takeaways

In view of the above, the writ petition stands disposed of and respondent No.2 is directed to comply with the aforesaid order without any exception.ratio¶¶32

Detailed headnote1 paragraphs

Habeas Corpus (WPHC No.100013 of 2025, High Court of Karnataka, Dharwad Bench, decided 13.06.2025; Bench: R.Nataraj and Rajesh Rai K., order per R.Nataraj): The petitioner-father sought production of his daughter Sangeeta, missing since 14.02.2025, alleging that despite his complaint the police had not traced her. After notice, the girl was traced and produced by WHC-539 of Haveri Women Police Station. On the Court's enquiry she disclosed her date of birth as 20.07.2008; the Court accordingly held her to be a minor and her father, as natural guardian, entitled to her custody, and directed that custody be handed over to the petitioner at Didaguru Village, Haveri Taluk & District, with respondent No.2 (Inspector of Police, Haveri Women Police Station) directed to comply without exception. Petition disposed of.

¶1

¶2

NC: 2025:KHC-D:7623-DB WPHC No. 100013 of 2025

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

¶5

DATED THIS THE 13^TH DAY OF JUNE 2025

¶6

PRESENT

¶7

THE HON'BLE MR. JUSTICE R.NATARAJ

¶8

AND

¶9

THE HON'BLE MR. JUSTICE RAJESH RAI K HABEAS CORPUS NO.100013 OF 2025

¶10

BETWEEN:

¶11

SHRI. NAGARAJ S/O. BASANGOUDA PATIL AGE: 45 YEARS, OCC: COOLIE, R/O. DIDAGUR VILLAGE, TALUK AND DIST: HAVERI.

¶12

…PETITIONER

¶13

(BY SRI. ANGADI RAJASHEKHAR HOLABASAPPA, ADVOCATE)

¶14

AND:

¶15

THE SUPERINTENDENT OF POLICE HAVERI DIST, OPPOSITE COURT COMPLEX, HAVERI-581110.

¶16

Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2025.06.13 16:38:55 +0530

¶17

THE INSPECTOR OF POLICE HAVERI WOMEN POLICE STATION, HOSAMANI SIDDAPPA CIRCLE, NEAR OLD COURT, HAVERI-581110.

¶18

SURESH S/O. HANAMANTAPPA BALANNAVAR AGE: 25 YEARS, OCC: COOLIE, R/O. DIDAGUR VILLAGE, TALUK AND DIST: HAVERI-581148.

¶19

…RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA FOR R1 AND R2; NOTICE TO R3 IS SERVED)

¶20

THIS WPHC FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN ORDER IN THE NATURE OF WRIT OF HABEAS CORPUS DIRECTING RESPONDENT NO.1 AND 2 TO PRODUCE THE DAUGHTER OF PETITIONER BY NAME MISS.SANGEETA BEFORE THIS HON’BLE COURT; PASS SUCH OTHER ORDERS AS THIS HON BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING COSTS, IN THE INTEREST OF JUSTICE AND EQUITY.

¶21

- 2 - NC: 2025:KHC-D:7623-DB WPHC No. 100013 of 2025

¶22

HC-KAR

¶23

THIS HABEAS CORPUS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶24

CORAM: THE HON'BLE MR. JUSTICE R.NATARAJ AND THE HON'BLE MR. JUSTICE RAJESH RAI K

¶25

ORAL ORDER

¶26

(PER: THE HON'BLE MR. JUSTICE R.NATARAJ)

¶27

The petitioner, who is the father of Sangeeta, has filed this petition claiming that his daughter has gone missing from 14.02.2025 and, despite lodging a complaint, the respondents have not traced her.

¶28

After the notice of this petition was issued to respondents No.1 and 2, the girl is traced and is produced by WHC-539 of Haveri Women Police Station. The father has identified the girl as his daughter. When this Court enquired with the girl, she disclosed her date of birth as 20.07.2008. Therefore, the girl is a minor and the father being a natural guardian, is entitled to the custody of the minor girl. Since the daughter of the petitioner is secured and produced before the Court by WHC-539 of Haveri Women Police Station, Haveri, along with Mr. S.R. Badiger Police Sub-Inspector, he is directed

¶29

3 - NC: 2025:KHC-D:7623-DB WPHC No. 100013 of 2025

¶30

HC-KAR

¶31

to handover the custody of the minor girl to the petitioner at his place in Didaguru Village, Haveri Taluk & District.

¶32

In view of the above, this writ petition stands disposed of and the respondent No.2 is directed to comply with the aforesaid order without any exception.

¶33

Sd/(R.NATARAJ) JUDGE

¶34

Sd/(RAJESH RAI K) JUDGE

¶35

KMS Ct:vh List No.: 3 Sl No.: 1

Shri Nagaraj S/O Basangouda Patil v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Shri Nagaraj S/O Basangouda Patil v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Kumbara Kotresha S/O. Eranna Vs the State of Karnataka

Shri. Anand S/O Rajaram Patil Vs Sri. Prakash S/O Dattu Patil

Ravi Alias Raviraj S/O. Umakant Dandavatimath Vs the State of Karnataka

Umapathi Vs Smt. Akkamma

Ratnavva Vs Kalakappa

Basappa Parasappa Kattimani Vs the State of Karnataka