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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21^ST DAY OF JUNE, 2021

PRESENT

THE HON9BLE MR.JUSTICE ARAVIND KUMAR

AND

THE HON9BLE MR.JUSTICE N.S.SANJAY GOWDA

WRIT PETITION (HABEAS CORPUS) No.45/2021

BETWEEN:

MRS. CHETANA.S.,

W/O MR. SHASHIDHAR (NOW DIVORCED)

AGED 47 ABOUT YEARS,

R/AT FLAT No.206,

ANANTHASHAYANA APARTMENTS,

MARYHILL,

MANGALORE - 575 008.

& PETITIONER

(BY SRI. AMAR CORREA, ADV.,)

AND:

1.

STATE OF KARNATAKA,

HOME DEPARTMENT,

O/AT: ROOM No.219,

II FLOOR,

VIDHANA SOUDHA,

DR. B.R.AMBEDKAR BHEEDHI,

BENGALURU - 560 001.

REPRESENTED BY ITS SECRETARY.

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2.

COMMISSIONER OF POLICE,

DAKSHINA KANNADA DISTRICT,

OFFICE OF THE SUPDT. OF POLICE,

PANDESHWAR ROAD,

PANDESHWAR,

MANGALURU - 575 001.

EMAIL ID:compolmgc@ksp.gov.in

3.

STATION HOUSE OFFICER,

KAVOOR POLICE STATION,

KAVOOR, MANGALURU - 575015.

4.

SENIOR SUPERINTENDENT OF POLICE,

HARIDWAR, DISTRICT OFFICE ROSHNABAD,

HARIDWAR - 249 403.

E-MAIL: ssp-har-ua@nic.in

mediacellhdr@gmail.com.

& RESPONDENTS

(BY SRI. V.S.HEGDE, SPP-II)

THIS WPHC IS FILED UNDER ARTICLE 226 AND 227 OF

THE CONSTITUTION OF INDIA, BY THE PETITIONER PRAYS

THIS HON'BLE COURT BE PLEASED TO DIRECT THE

RESPONDENTS TO TRACE AND PRODUCE THE DETENUE BY

NAME XXXXX AGED 21 YEARS, DAUGHTER OF THE

PETITIONER XXXXX BEFORE THIS HON'BLE COURT, ETC.

THIS WPHC COMING ON FOR ORDERS THIS DAY,

ARAVIND KUMAR, J., MADE THE FOLLOWING:

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ORDER

Heard.

This writ petition filed by the mother of minor girl

<XXXX= seeking for the following reliefs:

"i.

Direct the respondents to trace and

produce the detenue by name Ms.XXXX,

aged 21 years, daughter of the Petitioner

Mrs.XXXX, before this Hon'ble Court and;

ii. Direct that the custody of the detenue

Ms.XXXX aged 21 years, daughter of the

petitioner, be given to the petitioner the

natural guardian, for the purpose of having

her medically treated and need be, even

hospitalised as inpatient in a hospital as

would be advised by the doctors"

2.

Sum and substance of the contention raised in

this petition is that detenue who is aged 21 years, is elder

daughter amongst her two children and at the age of

15 years, detenue had displayed unusual behaviour

towards everybody at home and would portray that she

has knowledge of everything and she is always right.

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3.

It is also contended that on completion of

II PUC, she was admitted to Amity University, Noida where

she was living in an independent house and she got

acquainted with a boy by name Mr.Shravan. Said Shravan

and his family members were said to be staying with

detenue and thereafter, detenue is said to have started

complaining about Shravan and his family and in the

month of March, 2020, it was alleged that detenue was

compelled to live with Shravan's family and after the

lockdown being lifted, she travelled to Gurupura in

Mangaluru. It is stated that detenue returned to Delhi in

August, 2020. Petitioner realised that behaviour of her

daughter was not normal and she had almost ceased

contact with her mother and in February, 2021, detenue

returned home and it was found by the petitioner that

there was some serious mental ailment with her daughter.

On consulting Psychiatrist at Mangaluru, detenue was

admitted to Psychiatric ward in Fr.Muller Medical College

Hospital, Kankanady, Mangaluru and was diagnosed for

Bipolar Disorder and after being treated for 16 days, she

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was shifted to Yenepoya Nursing Home, Mangaluru and

was treated as inpatient for 30 days till 08.04.2021.

However, doctors explained to petitioner that treatment

was not sufficient for being discharged and on being

diagnosed that illness of her daughter is quite serious and

it is presently at initial stage, it was advised that she

should be kept under observation and it is further stated

that after discharge from hospital, for two weeks, detenue

lived with petitioner. During that period she was ment