Sri Manoj Gupta Vs the State of Karnataka

SRI. MANOJ GUPTA S/O KANTA GUPTA AGED ABOUT 37 YEARS REPRESENTED BY HIS WIFE SANJU DEVI RESIDING AT SULOCHANA 1^ST CROSS BHUVANESHWARI NAGAR SULTANAPALYA MAIN ROAD HEBBAL BENGALURU-560 032

¶11

…PETITIONER

¶12

(BY SMT. PREETHI G., ADVOCATE)

¶13

Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka

¶14

AND:

¶15

THE STATE OF KARNATAKA THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF HOME GOVT. OF KARNATAKA BENGALURU-560 001

¶16

THE COMMISSIONER OF POLICE BENGALURU CITY KARNATAKA STATE-560 001

¶17

THE STATION HOUSE OFFICER HEBBAL POLICE STATION

¶18

2 - NC: 2025:KHC:8131-DB WPHC No. 15 of 2025

¶19

BENGALURU CITY-560 024

¶20

RAHUL KUMAR AGED ABOUT 24 YEARS S/O AMARENDRA R/AT. WARD No.15, DAYALPUR POST SENGITVAITA THANA, ANTICHAK SANGLBAHITA, BHAGALPUR BIHAR-813 203

¶21

ALSO AT PRESENT ADDRESS: NEAR GANESH TEMPLE 2^ND CROSS, SEETAPPA LAYOUT MANORAYANAPALYA, R.T. NAGAR POST BENGALURU-560 032 AMENDED V.C.O. DATED 20.02.2025 …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1 TO R3)

¶22

THIS WP(HC) IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, BY THE PETITIONER, WHEREIN PRAYS THAT THE HON'BLE COURT MAY BE PLEASED TO (a). ISSUE A WRIT IN THE NATURE OF HABEAS CORPUS TO PRODUCE THE MINOR DAUGHTER OF THE PETITIONER, DETENUE NAMED KUMARI PRIYANSHU BEFORE HON'BLE COURT AND ETC.

¶23

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶24

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

¶25

3 -

¶26

NC: 2025:KHC:8131-DB WPHC No. 15 of 2025

¶27

ORAL JUDGMENT

¶28

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

¶29

This Writ Petition (Habeas Corpus) is filed seeking

¶30

the following reliefs:-

¶31

"(a) To issue a writ in the nature of Habeas Corpus to the respondent to produce the minor daughter of the petitioner, detenue named Kumari Priyanshu before this Hon'ble Court;

¶32

(b) Grant such other relief/s as Hon'ble Court deems fit in the circumstances of the case; and

¶33

(c) Direct the respondents to secure the minor girl, Kumari Priyanshu from the illegal detention by Rahul Kumar (respondent No.4)."

¶34

2. We have heard the learned counsel appearing

¶35

for the petitioner as well as the learned HCGP appearing for respondents No.1 to 3.

¶36

3. When the matter was moved today, the

¶37

detenue has been produced by respondents No.2 and 3. It is submitted that the detenue was in Bihar along with the family of respondent No.4, from there she has been traced

¶38

4 - NC: 2025:KHC:8131-DB WPHC No. 15 of 2025

¶39

and brought before us. The detenue, who is present before us alleges that she is 19 years old and that she had gone

¶40

to Bihar on her own volition. She states that she was not

¶41

under any illegal detention.

¶42

In any view of the matter, it appears from Annexure 'B' that the date of birth of the detenue is recorded as 02.07.2010 and therefore she would be minor. If that be so, we cannot allow the minor to proceed to Bihar as she pleases.

¶43

We, therefore, direct the official respondents to produce the alleged detenue before the Child Welfare Committee-1 (CWC-1), Bengaluru. The CWC-1 shall consider the issue and house the detenue safely either in a Government Care Home or in an appropriate facility till the parents of the detenue make an application, which will be considered in accordance with law.

¶44

The Chair Person, CWC-1, is directed to

¶45

take appropriate steps to see that proper counselling is

¶46

5 -

¶47

NC: 2025:KHC:8131-DB WPHC No. 15 of 2025

¶48

given to the detenue and that she is monitored closely so

¶49

that her safety is not compromised in any manner.

¶50

The Writ Petition (Habeas Corpus) is closed

¶51

with liberty to the petitioner to move before the CWC-1 for appropriate orders as to custody of the minor. All the contentions are left open to be decided by CWC-1.

¶52

A copy of this order shall be handed over to the learned High Court Government Pleader for

¶53

Communication to respondents No.2 and 3, for necessary further steps.

¶54

Sd/(ANU SIVARAMAN) JUDGE

¶55

Sd/(VIJAYKUMAR A. PATIL) JUDGE

¶56

CP List No.: 16 Sl No.: 1

Sri Manoj Gupta v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Manoj Gupta v. the State of Karnataka

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

M/S. Gold Jewellers Vs the Competent Authority

Dr Syeda Riza Vs State of Karnataka

M/S J S Enterprises Vs the Union of India

M/S Maya Hotels Pvt. Ltd. Vs the Recovery Officer -Ii

H.M.Mohan Kumar Vs H.B. Manjegowda

Mr M Nagavarma Ballal Vs Mrs Jayanthi Raja Rathna