Karnataka High Court
Mr.Manjunath M.S vs The State Of Karnataka on 12 June, 2025
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NC: 2025:KHC:20189-DB
WPHC No. 48 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JUNE, 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE DR. JUSTICE K.MANMADHA RAO
WRIT PETITION HABEAS CORPUS NO.48 OF 2025
BETWEEN:
MR. MANJUNATH M.S.
C/O SIDDAPPA
AGED ABOUT 40 YEARS
R/AT. No.286
RAJIVGANDHI BADAVANE
DODDABALLAPUR
BENGALURU-561 203
...PETITIONER
(BY SRI. VIVEKANANDA N., ADVOCATE)
Digitally signed
by
CHANNEGOWDA AND:
PREMA
Location: High
Court of 1. THE STATE OF KARNATAKA
Karnataka
REPRESENTED BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
BENGALURU-560 001
2. THE SECRETARY, HOME DEPARTMENT
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BENGALURU-560 001
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WPHC No. 48 of 2025
HC-KAR
3. THE DISTRICT COMMISSIONER
TUMAKURU DISTRICT
MINI VIDHANA SOUDHA
TUMAKURU-572 101
4. THE CHAIRPERSON
CHILD WELFARE COMMITTEE
SRIRANGA, SHANKARANAGAR
HALLEPALYA POST
TIPATURU, TUMAKURU-572 201
5. CHILD DEVELOPMENT PROJECT OFFICER
WOMEN AND CHILD DEVELOPMENT DEPARTMENT
KORATAGERE TALUK, STHREE SHAKTHI BHAVANA
KORATAGERE, TUMAKURU-572 202
6. ST. GREGORIOS DAYABHAVAN
BHAKTHARAHALLI POST
KUNIGAL TALUK
TUMAKURU-572 120
REPRESNETED BY ITS SECRETARY
...RESPONDENTS
(BY SRI. THEJESH P., HCGP FOR R1 TO R5)
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.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE DR. JUSTICE K.MANMADHA RAO
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WPHC No. 48 of 2025
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
This is a Writ Petition (Habeas Corpus) filed seeking
directions to release the detenue since she has attained
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 6th respondent is
illegal and that she is to be set at liberty.
2. We have heard the learned counsel appearing
for the petitioner as well as the learned High Court
Government Pleader appearing for the respondents-State.
3. 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
from Sexual Offences Act, 2012 ('POCSO Act' for short)
and Sections 323, 504 read with 149 of Indian Penal Code,
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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.
4. The learned counsel appearing for the petitioner
submits that the girl is being detained against her wishes
in the 6th respondent - Institution.
5. We have interacted with the detenue as well.
She submits that she does not want to stay in the 6th
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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petitioner whom she says he is a relative and he is
interested only in her welfare.
6. 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.
7. Having considered the contentions advanced as
well as the report placed on record by the learned High
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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 6th respondent -
Institution, she cannot be forced to do so.
8. In the above view of the matter, we direct as
follows:-
(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.
(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.
(iii) It is further made clear that the Women
and Child Development Officer of the
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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.
(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.
(v) The Writ Petitioner shall also make
necessary arrangements for the safe
accommodation of the detenue during
college vacations as well.
With these observations, the Writ Petition (Habeas
Corpus) stands disposed of.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(DR.K.MANMADHA RAO)
JUDGE
CP
