Mr.Manjunath M.S. Vs the State of Karnataka

THIS WP(HC) IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (a). ISSUE A WRIT OF HABEAS CORPUS DIRECTING THE RESPONDENT No.6 TO PRODUCE THE DETENUE MISS. DEEPIKA V.G. BEFORE THIS COURT AND PASS SUCH NECESSARY ORDER/S AS THIS COURT DEEMS FIT AND ETC.

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

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO

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NC: 2025:KHC:20189-DB WPHC No. 48 of 2025

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HC-KAR

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ORAL JUDGMENT

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

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This is a Writ Petition (Habeas Corpus) filed seeking

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directions to release the detenue since she has attained

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the age of majority on 16.04.2025. The Writ Petitioner, who claims to be a relative of the detenue contends that the custody of the detenue with the 6^th respondent is illegal and that she is to be set at liberty.

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We have heard the learned counsel appearing

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for the petitioner as well as the learned High Court Government Pleader appearing for the respondents-State.

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It is submitted that the detenue is a victim and there is a criminal case pending as Special Case No.1114/2023 on the file of Fast Track Court-3, Bengaluru Rural District, Bangaluru for the offences punishable under Sections 4(2), 5(l), 6 and 17 of the Protection of Children

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from Sexual Offences Act, 2012 ('POCSO Act' for short) and Sections 323, 504 read with 149 of Indian Penal Code,

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HC-KAR

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1860 and Sections 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006, in which 16 accused persons are being tried. It is submitted that the girl was only 16 years old when she was married to one Santosh by her father and that her mother also expired on 07.01.2024. It is submitted that the child was sent to "Balakiyara Balamandira, Tumakuru" by the Child Development Project Officer, Koratagere, Tumakuru, and that she was sent to the sixth respondent for her own safety and in view of the fact that the POCSO case is pending trial.

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The learned counsel appearing for the petitioner

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submits that the girl is being detained against her wishes in the 6^th respondent - Institution.

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We have interacted with the detenue as well.

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She submits that she does not want to stay in the 6^th respondent - Institution and that she wants to continue her studies and she also states that she is agreeable to continuing the studies under the supervision of the writ

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HC-KAR

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petitioner whom she says he is a relative and he is interested only in her welfare.

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The Writ Petitioner has also appeared before us. We have interacted with him as well. He is also placed an affidavit on record stating that he is willing to take care of the detenue. However, he states that he is unable to accommodate the detenue in his residential house and that if the detenue is admitted in a Hostel attached to the Educational Institution where she continues her studies, he will look after her welfare in every manner that is possible. He further states that admission has been obtained for the detenue at the Vagdevi Vidyakula PU College (Residential), Ankanahalli, Manuganahalli Checkpost, Hunsur-BM Road, Mysore-571 103, and arrangements for her admission in the Hostel is also made.

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Having considered the contentions advanced as

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well as the report placed on record by the learned High

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HC-KAR

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Court Government Pleader, we are of the opinion that since the detenue is admittedly over the age of 18 years and does not want to stay in the 6^th respondent - Institution, she cannot be forced to do so.

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In the above view of the matter, we direct as

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follows:-

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(i) The detenue be released from the custody of the sixth respondent - Institution. However, appropriate arrangements shall be made to permit her to continue her education in Vagdevi Vidyakula PU College (Residential), Ankanahalli, Manuganahalli Checkpost, Hunsur-BM Road, Mysore-571 103, where she has been granted admission.

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(ii) It is stated that there is a Hostel attached to the said College as well. Appropriate steps to see that she is admitted in the College and the Hostel shall be taken by the petitioner.

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(iii) It is further made clear that the Women and Child Development Officer of the

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HC-KAR

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Tumakuru District shall take appropriate steps to make periodical inspection at-least twice in a year or as and when required to see that the detenue is looked after and does not come to any harm.

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(iv) The further education of the detenue after completing her course in the PU College shall also be taken care of taking note of her wishes under the supervision of the petitioner.

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