- 1 - NC: 2025:KHC-D:7227 CRL.P No. 101988 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF MAY 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 101988 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: YALLAMMA W/O. LATE SHRIKANT AGE: 27 YEARS, OCC: HOUSEHOLD WORK, R/O. WARD NO.29, NEAR GOVT. SCHOOL, GOUTAM NAGAR, BELLARY-583101. - PETITIONER (BY SMT. KARUNA S.M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY RURAL P.S. BELLARY, HCGP HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. 2. SHRI. CHANNABASAPPA S/O. CHANNAPPA AGE: 42 YEARS, OCC: CHILDREN PROTECTION OFFICER (NGO), CHILDREN PROTECTION WING, BELLARY-583101. - RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CRPC (483 OF BNSS), PRAYING TO GRANT BAIL TO ACCUSED/ PETITIONER ALONG WITH HER NATURAL BORN CHILD BENNETT JOEL WHO IS ONE YEAR YOUNG, IN CR.NO.213/2024 I.E. BELLARY RURAL P.S.RIME NO.213/2024 NOW IN CC NO.453/2025 PENDING ON THE FILE OF 1ST ADDL. DIST. AND SESSIONS JUDGE, BELLARY FOR THE OFFENCES PUNISHABLE UNDER SECTION 370 (4) R/W 34 OF IPC AND SECTION 80 AND 81 OF JUVENILE JUSTICE ACT ,2015 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.05.23 10:41:52 +0530 - 2 - NC: 2025:KHC-D:7227 CRL.P No. 101988 of 2025 ORAL ORDER Heard the learned counsel for the petitioner and the learned counsel for respondent No.1-State. 2. This petition is filed invoking Section 483 of Bharatiya Nagarika Suraksha Samhite, 2023 (for short ‘BNSS’). Petitioner is accused No.1 in C.C. No. 453/2025 on the file of Sessions Judge, Ballari. Charge sheet is filed pursuant to Crime No. 213/2024 registered before Rural Police Station at Ballari. The said FIR is registered for the offences punishable u/S 370(4) r/w Sec. 34 IPC and Sections 80 and 81 of Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, ‘J.J. Act’). 3. Contents of the complaint would reveal that the complaint is filed by a NGO alleging sale of minor child by name Bennett Joel by the biological mother-Yallamma, petitioner herein. Accused No.4 is alleged to be the purchaser of the child. Pursuant to the complaint, the Police have registered the case and investigated the matter and charge sheet is also filed in C.C. No. 453/2025. - 3 - NC: 2025:KHC-D:7227 CRL.P No. 101988 of 2025 The bail petition filed by accused No.1 before the Sessions Court is rejected. 4. Learned counsel for the petitioner would submit that the biological mother of the child-Benett Joyal, is willing to give the child in adoption to Naveen Kumar and Nirmala Naveen. Naveen Kumar is the petitioner in Crl. P. No. 101595/2025. 5. It is the contention of the learned counsel for the petitioner that petitioner’s husband died around seven years ago and thereafter the petitioner did not marry. However the petitioner claims to have developed acquaintance with another person and from that person the child is said to have been born and the person who is responsible for the birth of the child has abandoned the petitioner as well as the child. Under these circumstances, it is stated that petitioner was not in a position to take care of the welfare of the child and in such the helpless situation, the petitioner keeping in mind the welfare of the child was looking for somebody who would take care of the - 4 - NC: 2025:KHC-D:7227 CRL.P No. 101988 of 2025 welfare of the child. Naveen Kumar and Nirmala Naveen Kumar, the couple who are not having any child have come forward to take care of the child and the petitioner has entrusted the child to the custody of Naveen kumar and Nirmala Naveen Kumar with an understanding that the procedure for adoption shall be followed in due course of time. Before the procedure is contemplated, a false case is lodged against the petitioner and Naveen kumar and two others. 6. Learned counsel for the petitioner would submit that the child who is one year three months old is also in custody along with the petitioner. It is submitted that the Chargesheet is filed and custodial interrogation is not required. 7. It is also stated that the Petitioner is a woman and there were no criminal cases filed against the petitioner hitherto and the petitioner was not convicted for any offences hitherto. It is also urged that petitioner shall - 5 - NC: 2025:KHC-D:7227 CRL.P No. 101988 of 2025 abide by the terms and conditions of bail that could be imposed by this Court in the event of grant of bail. 8. Learned counsel for the petitioner would place reliance on two Judgments of the Co-ordinate Bench of this Court Crl. P. No. 7313/2024 and Crl. P. No. 7170/2021 wherein on almost similar circumstances this Court has granted anticipatory bail. 9. Learned HCGP opposing the bail petition would submit that the Police have thoroughly investigated the matter and filed charge sheet and the very fact that child is said to be in custody of Naveen Kumar without there being any legal adoption would itself indicate that the petitioner has committed the offence punishable u/S 374 of IPC and Sections 80 and 81 of J.J. Act. 10. This Court has considered the contentions raised at the Bar and perused the records so also referred to the judgments cited at the Bar. - 6 - NC: 2025:KHC-D:7227 CRL.P No. 101988 of 2025 11. Contents of the complaint would indicate that the petitioner Yallamma is a widow and her husband died around seven years ago; the child in question is now aged 1½ years. It is not the case of the prosecution that Yallamma has married after the death of her husband. It is also noticed that the child is also in custody though the child is not the accused. 12. Considering the allegations in the complaint and contents of the charge sheet and also the punishment that can be awarded for the alleged offence and also considering the fact the Co-ordinate Bench of this Court, in almost similar situations has granted the bail, this Court is of the view that detention of the petitioner is not required and the petitioner has made out a case for grant of bail. 13. It is also borne in mind that the petitioner is a lady and no history of previous criminal case or conviction is pointed out. 14. Thus the petitioner can be enlarged on bail by imposing certain terms and conditions. - 7 - NC: 2025:KHC-D:7227 CRL.P No. 101988 of 2025 15. However, in the peculiar facts of the case, considering the submission of the petitioner the biological mother and Naveen Kumar (the person who proposes to adopt the child in question) that the parties will initiate the procedure for legally adopting the child, it is observed that, if any application is filed to initiate the adoption of Bennett Joel, the competent authority shall consider the same in accordance with applicable law, keeping in mind the interest of the child. 16. Accordingly, the following order is passed. ORDER The Criminal Petition is allowed. The respondent- Police is directed to release the petitioner in Crime No. 213/2024 of Ballary Rural P.S. pending on the file of 1st Addl. Dist. & Sessions judge, Ballari in C.C. No. 453/2025 for the offences punishable u/S 370(4) r/w 34 of IPC and Sec. 80 and 81 of Juvenile Justice (Care and Protection) Act, 2015, subject to the following conditions. - 8 - NC: 2025:KHC-D:7227 CRL.P No. 101988 of 2025 1. The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty five thousand only) with one surety for the likesum to the satisfaction of the trial Court; 2. The petitioner shall appear before the trial Court on all the hearing dates unless exempted by the trial court for valid reasons. 3. The petitioner shall not tamper with the prosecution witnesses and hamper the case. 4. The petitioner shall not involve in similar offences in future. Sd/- (ANANT RAMANATH HEGDE) JUDGE BVV Ct:VH List No.: 1 Sl No.: 0