[Cites 2, Cited by 0]
Karnataka High Court
Amar Singh Dhami vs The State Of Karnataka on 2 April, 2026
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NC: 2026:KHC:18310-DB
WPHC No. 105 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF APRIL, 2026
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION HABEAS CORPUS NO.105 OF 2025
BETWEEN:
AMAR SINGH DHAMI
S/O KABIR SINGH DHAMI,
AGED ABOUT 26 YEARS,
R/AT NO. 54, 1ST CROSS,
BANARGHATTA ROAD,
GUMPANAPALYA SIGNAL,
BANGALORE SOUTH,
TAVEREKERE, BANGALORE-560029.
...PETITIONER
(BY SRI. RAKSHITH R., ADVOCATE)
AND:
Digitally
signed by 1. THE STATE OF KARNATAKA
RAKSHA
BY ITS SECRETARY,
Location:
High Court DEPARTMENT OF HOME,
of VIDHANA SOUDHA, BANGALORE-560 001
Karnataka
2. SUPERINTENDENT OF POLICE
MILLERS ROAD, BANGALORE-560 001
3. STATION HOUSE OFFICER
SURYA NAGAR POLICE STATION
BANGALORE-560 099
4. CHILD CENTER
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WPHC No. 105 of 2025
HC-KAR
ASSOCIATION FOR PROMOTING SOCIAL ACTION
(APSA) APSA NAMMANE, ANNASANDRAPALYA,
VIMANAPURA POST, BENGALURU-560 017
5. AMRUTHA SHISHU VIHARA
(BOYS HOME)
NO.8, FIRST STAGE,
3RD BLOCK, HBR LAYOUT,
BEHIND BESCOM OFFICE,
BENGALURU-560 043
6. CWC
REP. BY SPP
OFFICE AT CWC-1
DR.M.H.MARIGOWDA ROAD
HOSUR ROAD, BNEGALURU-560 029
7. DISTRICT LEGAL SERVICE AUTHORITY
OFFICE AT CITY CIVIL COURT COMPLEX
AMBEDKAR BEEDI, BENGALURU-01
(AMENDED AS PER VIDE ORDER DATED 10.10.2025)
...RESPONDENTS
(BY SRI. B.A.BELLIAPPA, SPP-1 WITH
SRI. THEJESH P., HCGP FOR R1 TO R6;
SRI. MONISH C.P., ADVOCATE FOR R7)
THIS WP(HC) IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN
THE NATURE OF HABEAS CORPUS DIRECTING RESPONDENT
NO.5 TO PRODUCE THE MINOR CHILDREN PREETHI AGED
ABOUT 10 YEARS AND PRINCE AGED ABOUT 8 YEARS BEFORE
THIS COURT AND HAND OVER THEIR CUSTODY TO THE
PETITIONER.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2026:KHC:18310-DB
WPHC No. 105 of 2025
HC-KAR
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)
This writ petition is filed by the father seeking prayer
to issue a writ in the nature of habeas corpus directing the
respondent No.5 to produce the minor children xxxx and
xxxx aged about 8 years and 10 years, respectively and
handover the custody to the petitioner who is their
biological father.
2. Heard the learned counsel appearing for the
petitioner, the learned State Public Prosecutor-I for the
respondent Nos.1 to 6 and Sri.Monish C.P., learned
counsel for the respondent No.7.
3. The petitioner filed this writ petition claiming to be
the biological father of two minor children. It is averred
that the petitioner's first wife Smt.Pushpa passed away in
the year 2022 and thereafter, the petitioner, along with his
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HC-KAR
children was residing in Bengaluru and he was working as
a Security Guard. It is further averred that in January
2023, the petitioner got married and was residing with his
wife and two children. On 24.04.2023, his wife was found
dead. Based on a complaint, the jurisdictional police
registered a case in Crime No.134/2023 for the offence
punishable under Section 302 of the India Penal Code,
1860, and the petitioner was arrested in the said crime.
The letter at Annexure-B indicates that the minor children
were admitted with the respondent Nos.4 and 5.
4. This Court, based on the assertions made in the
writ petition, issued notice to the respondents. This Court,
considering the nature of the relief sought and taking note
of the fact that the two minor children are in the custody
of respondent Nos.4 and 5, directed to implead the Child
Welfare Committee-I, Bengaluru and the District Legal
Services Authority, Bengaluru. The District Legal Services
Authority represented by a counsel has filed various
reports before this Court, as directed, from time to time.
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The reports placed in a sealed cover indicate that both the
children are safe with the respective child care homes,
children are pursuing their education and the respondent
Nos.4 and 5 have provided necessary medical assistance.
The reports on record clearly indicate the progress made
by the children with regard to their health and academics.
The Child Welfare Committee-I has placed the reports of
both the children which also indicate the same. It is
noticed that the petitioner, after being enlarged on bail,
has visited the children. The learned counsel for the
petitioner fairly submits that if the petitioner is allowed to
visit the children, he is not intended to continue with this
proceeding. Keeping in mind the request of the petitioner
who is the biological father of the two minor children and
the pendency of the criminal proceedings against the
petitioner and after considering the reports filed by the
Authority, we are of the considered view that the writ
petition deserves to be disposed of by continuing the
custody of the children with the respondent Nos.4 and 5
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respectively, for some time. The respondent-Authorities
shall permit the petitioner to visit the children during the
working hours. The respondent-Authorities are directed to
provide necessary education to the children in their
custody and also provide the required health assistance till
the children are in their custody. Liberty is reserved to the
petitioner to move the Child Welfare Committee-I for
custody of the children on any changed circumstances.
5. With the aforesaid liberty and by granting a right
to the petitioner to visit the minor children, the writ
petition is disposed of.
6. We place on record the assistance rendered by
Sri.Monish C.P., Amicus / representing the respondent
No.7- District Legal Services Authority, Bengaluru, and
also the assistance rendered by the learned SPP-I.
The Registry shall keep the reports filed in the above
petition along with the file.
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A copy of this order shall be forwarded to the
respondent Nos.4 and 5 for information and
implementation.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
RAK/RV
List No.: 2 Sl No.: 2
