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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
... – Appellant
Versus
State By Electronic City Police Station Bengaluru – Respondent
| Table of Content |
|---|
| 1. challenge against custody order of victim (Para 1 , 3) |
| 2. arguments for and against custody of victim (Para 4 , 5) |
| 3. court's legal analysis on child custody provisions (Para 7 , 8 , 9 , 10 , 11) |
| 4. conclusion rejecting the petition (Para 12) |
ORAL ORDER
The petitioner – mother of the victim girl is before this Court calling in question an order dated 15.11.2025, passed by the Additional District and Sessions Judge, FTSC-II, Benglauru Rural District, whereby, an interlocutory application filed by the petitioner under Section 17(2) of the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to ‘the Act’ for short), seeking custody of her daughter in Crime No.395/2025, comes to be rejected.
2. Heard Sri Gireesha R.J., learned counsel for petitioner and Sri B.N.Jagadeesha, learned Additional State Public Prosecutor for the respondent.
3. The petitioner is said to be the mother of the victim child, who was rescued from a lodge, which was running a prostitution racket. The State then keeps the victim girl in the Child Welfare Home. The petitioner - mother of the victim files an application before the concerned Court under Section 17(2) of the Act, seeking custody of h
A child rescued under the Immoral Traffic Prevention Act must be treated as a victim needing care, not returned to a parent with allegations of exploitation.
Custody of daughter – Child cannot be handed over to mother who is allegedly using her daughter in prostitution racket.
Proper determination of age and declaration as a child in need of care and protection is essential for the detention of minors in child care institutions, and the J.J. Act, 2015 provides for release ....
(1) Principles applicable to determination of age in case of a juvenile would in terms apply to cases of determination of age of a victim as well.(2) In face of a date of birth certificate from schoo....
Offence of Rape – Determination of Age - As per statutory mandate of S. 94(2) of J.J. Act, primacy is to be accorded to date of birth certificate from school or matriculation or equivalent certificat....
Detention – Child Welfare Committee - Once corpus is minor and the girl had refused to go with her parents, then in such situation arrangement has to be made. Her interest is paramount and before pro....
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