Karnataka High Court
WPHC/25/2026 of FAIROZ KHAN Vs STATE OF KARNATAKA on 18 September 2026
CNR: KAHC010184222026 NC: 2026:KHC:51116-DB WPHC No. 25 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA WRIT PETITION HABEAS CORPUS NO. 25 OF 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA
WRIT PETITION HABEAS CORPUS NO. 25 OF 2026
BETWEEN:
FAIROZ KHAN
C/O SARDAR KHAN
AGED ABOUT 46 YEARS
R/A 283, 1ST FLOOR, 7TH CROSS, NEAR BDA PARK
ANWAR LAYOUT, BANGALORE,
KARNATAKA - 560 045
…PETITIONER
(BY SRI. SIRAJUDDIN AHMED, ADVOCATE)
AND:
1.
STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
HOME DEPARTMENT, VIDHANA SOUDHA,
BENGALURU-560001.
2.
COMMISSIONER OF POLICE,
BENGALURU CITY, NO.1, INFANTRY ROAD,
BENGALURU-560001.
3.
THE SHO, K.G. HALLI P.S
ARABIC COLLEGE MAIN ROAD,
NEAR K.G. HALLI BUS STOP,
Digitally
signed by
RAKSHA
Location:
High Court
of Karnataka
HC-KAR
KUSHAL NAGAR, NAGAVARA MAIN ROAD,
KADUGONDANAHALLI,
BENGALURU, KARNATAKA 560045
4.
ZAINAB TAMANNA,
AGED ABOUT 32 YEARS,
D/O MOHAMMED HUSSAIN,
R/AT NO. 30, 2ND FLOOR,
3RD MAIN ROAD, MM LAYOUT,
NEAR AMBEDKAR COLLEGE,
BANGALORE - 560032
5.
MUSHTAQ AHMED,
AGED ABOUT 32 YEARS,
S/O NAZEER AHMED,
R/AT NO. 62/3, BHARATH NAGAR,
THANISANDRA, BANGALORE - 560077
6.
SHAZJA
W/O FAIROZ KHAN
AGED ABOUT 38 YEARS
R/AT NO.8-G FLOOR, 2ND CROSS
NEAR PAVEEN MASJID, GANDHI NAGAR,
SHAMPUR MAIN ROAD, BENGALURU-45.
(VIDE ORDER DATED 10.03.2026 R6 IS IMPLEADED)
…RESPONDENTS
MOHAMMED YOUNUS KHAN,
AGED ABOUT 03 YEARS, (INFANT)
S/O FAIROZ KHAN,
R/AT NO.13 B COOKS READ,
THIMMAIAH ROAD CROSS,
BHARATHINAGAR, BANGALORE-560001
…DETENUE
(BY SRI. B.N.JAGADEESHA, SPP-1 A/W
SMT. DEEPTHI ALVA, HCGP FOR R1 TO R3)
HC-KAR
THIS WP(HC) IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
HABEAS CORPUS OR ANY OTHER APPROPRIATE WRIT, ORDER
OR DIRECTION, DIRECTING THE RESPONDENT NO.3 TO
PRODUCED THE DETENUE MOHAMMED YOUNUS KHAN BEFORE
THIS COURT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:
HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE T.P.VIVEKANANDA
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE T.P.VIVEKANANDA)
This Writ Petition (Habeas Corpus) is filed by the father of the alleged detenue complaining that Mr. Mohammad Younus Khan, three years old boy, i.e., his son has been illegally given in adoption by his estranged wife to her relatives and he is in illegal custody.
HC-KAR
2. The writ petitioner, being the biological father, has contended that giving in adoption, three years old boy is illegal and contrary to Mohammedan law immediately after he coming to know of the aforesaid fact he has approached this Court.
3. It is the statement of the biological mother before the Police that her signature was fraudulently obtained by Mr. Mustaq Ahmed and his wife Zainab, and when she sought return of the child, a demand of Rs.3,00,000/- was made. On investigation by the Police, it is now found that Mr. Mustaq Ahmed and his wife Zainab have returned the minor child to biological father/petitioner.
4. Today, the biological father and the minor child are present before this Court. When we interacted with the biological father, we were informed that presently the minor child is in his custody and it is his responsibility to take care of the minor child from hereafter.
5. In the light of the fact that the minor child is safe in the writ petitioner's custody, we do not propose to continue this Writ Petition (Habeas Corpus) any further. However, we
HC-KAR
request the learned State Public Prosecutor to inform the District Child Protection Officer to make periodical visit to the writ petitioner's residence to see that the child is safe and taken care of by the biological father. Accordingly, this Writ Petition (Habeas Corpus) is disposed of.
Sd/- (ANU SIVARAMAN) JUDGE
Sd/- (T.P.VIVEKANANDA) JUDGE
RAK List No.: 2 Sl No.: 1