[Cites 3, Cited by 0]
Karnataka High Court
Suryakanth M Raikar vs The State Of Karnataka on 11 March, 2026
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NC: 2026:KHC:14468-DB
WPHC No. 26 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF MARCH, 2026
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MS. JUSTICE TARA VITASTA GANJU
WPHC NO.26 OF 2026
BETWEEN:
SURYAKANTH M RAIKAR
S/O MADHUSUDHAN N RAIKAR
AGED ABOUT 46 YEARS,
NO.31, 18TH MAIN ROAD,
M.C. LAYOUT, VIJAYANAGAR,
BANGALORE - 560 040
...PETITIONER
(BY SRI. SRIVASTHAVA H K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed by
SUMATHY KANNAN MINISTRY OF HOME AFFAIRS
Location: HIGH REPRESENTED BY PRINCIPAL SECRETARY
COURT OF VIDHANA SOUDHA, AMBEDKAR VEEDHI
KARNTAKA
BANGALORE - 560 001
2. THE STATE OF KARNATAKA
THROUGH INSPECTOR OF POLICE,
VIJAYANAGAR P.S, VIJAYANAGAR,
BANGALORE, REPRESENTED BY
STATE PUBLIC PROSECUTOR
3. COMMISSIONER OF POLICE,
BANGALORE CITY,
INFANTRY ROAD
BANGALORE - 560 001.
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WPHC No. 26 of 2026
HC-KAR
4. COMMISSIONER OF POLICE,
MANGALORE CITY,
NEAR POLICE TRAINING SCHOOL,
PANDESHWAR, MANGALORE,
KARNATAKA - 575 001.
5. KANKANADY TOWN POLICE STATION
MANGALORE - DHARMASTALA HWY,
HQ NAGARI, PADIL, MANGALORE,
KARNATAKA - 575 007.
6. SMT. ANUSHA S RAIKAR
D/O SURYAKANTH M RAIKAR
AGED ABOUT 19 YEARS
RESIDENT OF NO.31, 18TH MAIN ROAD,
M.C. LAYOUT, VIJAYANAGAR,
BANGALORE - 560 040.
ALSO AT
SRI. MANGALADEVI JEWELLERY
NEAR MANGALA DEVI TEMPLE,
MANGALORE - 575 001
7. SMT. SAROJA
W/O LATE LAXMIKANTH H VERNEKAR
C/O RAGHAVENDRA L VERNEKAR
SRI. MANGALADEVI GOLD PALACE
OPPOSITE TO UNIVERSITY COLLEGE
HAMPANKATTE, MANGALORE - 575 001.
8. RAJESH L. VERNEKAR
S/O LATE LAXMIKANTH H VERNEKAR
AGED ABOUT 46 YEARS
SRI. MANGALADEVI JEWELLERY
NEAR MANGALA DEVI TEMPLE,
MANGALORE - 575 001.
9. RAGHAVENDRA L VERNEKAR
S/O LATE LAXMIKANTH H VERNEKAR
AGED ABOUT 45 YEARS
SRI MANGALADEVI GOLD PALACE
OPPOSITE TO UNIVERSITY COLLEGE
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WPHC No. 26 of 2026
HC-KAR
HAMPANKATTE,
MANGALORE - 575 001.
10. RAVISH L VERNEKAR
S/O LATE LAXMIKANTH H VERNEKAR
AGED ABOUT 40 YEARS
SUVARNA LAXMI JEWELLERS
FAVOURITE COLLECTION
NEAR RADHA MEDICALS
BYNDOORWELL, KANAKANADI
MANGALORE - 575 002
AND
MASTER ADITHYA S RAIKAR
S/O SURYAKANTH M RAIKAR
AGED ABOUT 9 YEARS
RESIDENT OF NO.31, 18TH MAIN ROAD,
M.C. LAYOUT, VIJAYANAGAR,
BANGALORE - 560 040
ALSO AT
SRI. MANGALADEVI JEWELLERY
NEAR MANGALA DEVI TEMPLE,
MANGALORE - 575 001.
...RESPONDENTS
(BY SRI. B.A.BELLIAPPA., SPP-I A/W
SRI. P.THEJESH, HCGP FOR R1 TO R5)
THIS WP(HC) IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO a) ISSUE A WRIT
OF HABEAS CORPUS BY DIRECTING THE RESPONDENT NO.2
POLICE TO PRESENT THE DETENUE MASTER ADITHYA S
RAIKAR, BEFORE THIS HON'BLE COURT; b) TO HANDOVER THE
CUSTODY OF THE DETENUE ADITHYA S RAIKAR TO
PETITIONER AND ETC
THIS PETITION COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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WPHC No. 26 of 2026
HC-KAR
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
We have heard the learned counsel appearing for the
petitioner.
2. This writ petition is filed seeking the following
reliefs:-
"a. To issue a Writ of Habeas Corpus by directing the
Respondent No.2 Police to present the detenue Master
Adithya S Raikar, before this Hon'ble Court.
b. To handover the custody of the detenue Adithya S
Raikar to the petitioner.
c. Pass such other Writ, Order of Direction, as this
Hon'ble Court deems appropriate given the facts and
circumstances of the case, in the interests of justice and
equity."
3. The learned counsel appearing for the petitioner
submits that he is the father of a 19 year old girl and a 10
year old boy. It is submitted that his wife passed away in
June, 2020. It is stated that the children were taken away
by the relatives of his late wife and a Writ Petition (Habeas
Corpus) was filed at that time. It is submitted that by
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Annexure - H, order dated 25.01.2021 the custody of the
children was handed over to the writ petitioner. It is
submitted that now the children have been taken away
from the custody of the petitioner - father by respondents
No.6 to 10. It is submitted that since the 10 year old son
of the petitioner is being detained by respondents No.6 to
9, a Writ of Habeas Corpus is liable to be issued.
4. We have noticed from the pleadings in the writ
petition itself, that the issue is with regard to custody of a
minor child which is squarely covered by the provisions of
Section 7(1)(g) of the Family Courts Act, 1984. In
Annexure H judgment also, while recording that
respondents No.6 to 9 have handed over the custody of
the minor children to the petitioner, the parties were left
at liberty to work out their rights for seeking custody of
the children before the appropriate forum.
5. We are clearly of the opinion that the dispute
raised before us in this writ petition is with regard to
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custody of a minor child. There is no element of illegal
detention for exercise of Habeas Corpus jurisdiction of this
Court.
6. Accordingly, the Writ Petition (Habeas Corpus) is
closed. All the contentions of the parties are left open to
be agitated in the appropriate proceedings.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(TARA VITASTA GANJU)
JUDGE
YKL
List No.: 2 Sl No.: 5
