IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.3551/2019 BETWEEN:
1. SRI VASANTHA K S/O. KRISHNA DEVATARA AGED ABOUT 40 YEARS RESIDING AT NEAR TUNGA COLLEGE TUDKI, THIRTHAHALLI SHIMOGA – 577432 2. SRI RAVICHANDRA S/O. SHESHA SHEREGARA AGED ABOUT 41 YEARS R/AT PLOT NO.402-A, SHANTHI VIHARA NEARBY FISH MARKET, MEER ROAD THANE, MAHARASHTRA-400708 PERMANENTLY RESIDING AT HOUSE NO.2-157, TENKANIDIYORU UDUPI TALUK DAKSHINA KANNADA DISTRICT – 576103 ... PETITIONERS (BY SRI G.M.SRINIVASA REDDY, ADV.,) AND:
STATE OF KARNATAKA REPRESENTED BY THIRTHAHALLI POLICE STATION THROUGH PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560001 …RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIOENR ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.62/2019 OF THIRTHAHALLI P.S., SHIVAMOGGA DISTRICT, FOR THE OFFENCE P/U/S 81 OF J.J. (CARE AND PROTECTION OF CHILDREN) ACT AND SEC.370 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioners and perused the records.
2. The police have registered the case against the petitioners for the offence under Section 81 of Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 370 r/w 34 of IPC in Cr.No.62/2019.
3. The allegations against the petitioners is that a lady by name Mandara was married to one Girish. They were having a child namely Gautham and about a year back prior to the alleged incident the said Girish left the said lady Mandara and it appears that there were physical development between Mandara and another person by name Venkatesh. Because of that relationship, she became pregnant and delivered a female child on 24.02.2019. Because of the poor situation of the family, it is alleged that said child was given to the petitioners for a sum of Rs.15,000/- and the said child was taken to Maharashtra. When the complainant who was working in the Child Welfare Committee came to know about the above said facts and the said child was brought back to Child Welfare Committee. However, on the basis of the above said facts and circumstances, a case has been registered against the petitioners.
4. Looking to the above facts and circumstances, it is not the case that there was child trafficking being taken place. But because of the poorness of the mother of the child and having looking to the welfare of the child, she must have given the child to petitioners. With what knowledge the petitioners have taken the child whether they have taken for any other purpose is to be thrashed out during the full fledged trial. In the above said facts and circumstances of the case, in my opinion, the petitioners are entitled to be enlarged on bail on the following conditions:
ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.62/2019 of Thirthahalli Police Station, on following conditions:-
i) The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and each of them shall execute their respective personal bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer/Jurisdictional Court.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction of Bengaluru District without prior permission of the Court, till the final report is filed or for a period of three months whichever is earlier.
Sd/- JUDGE HJ