- 1 - NC: 2025:KHC-D:7226 CRL.P No. 101595 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. 101595 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: P. NAVEENKUMAR S/O. P.VEERANNA AGE: 48 YEARS, OCC: PVT. WORK, R/O. HOUSE NO.8, WARD NO.16, VIJAYANIWAS, ROOAPANAGUDI ROAD, OPPOSITE GANGAPPA GIN BALLARI-583102, TQ. AND DIST: BALLARI. - PETITIONER (BY SRI. L.S.SULLAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH PSI, BALLARI RURAL POLICE STATION, REPRESENTED BY HGP DHARWAD. 2. CHANNABASAPPA S/O. CHANNAPPA AGE: 42 YEARS, OCC: CHILDREN PROTECTION OFFICER (DEPUTATION), R/O. CHILDREN PROTECTION OFFICER WING, BALLARI. - RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CRPC (483 OF BNSS), SEEKING TO ENLARGE THE PETITIONER/ ACCUSED NO.4 ON BAIL IN BALLARI RURAL P.S. CRIME NO.213/2024, ALLEGING U/S 370(4) R/W 34 OF IPC, AND SECTION 80 AND 81 OF JJ (CARE AND PROTECTION OF CHILDREN ACT 2015) ON THE FILE OF III ADDL.CIVIL JUDGE (JR.DN) AND JMFC, BALLARI 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 10:41:20 +0530 - 2 - NC: 2025:KHC-D:7226 CRL.P No. 101595 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 Sec. 483 of Bharatiya Nagarika Suraksha Samhite, 2023 (for short ‘BNSS’). 3. Petitioner is accused No.4 in C.C. No. 453/2025 on the file of Sessions Judge, Ballari. Chargesheet 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 Sec. 80 and 81 of Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, ‘J.J. Act’). 4. 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. Accused No.4, the present petitioner, is alleged to be the purchaser of the child. - 3 - NC: 2025:KHC-D:7226 CRL.P No. 101595 of 2025 5. 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. The bail petition filed by accused No.4 before the Sessions Court is rejected. 6. Learned counsel for the petitioner would submit that the biological mother of the child in question is a widow and her husband died around seven years ago. Thereafter she came in contact of the person by name Anand. It appears that from that contact she gave birth to a child and she is unable to look after the child. The petitioner who is not having any children from his marriage was contemplating to adopt a child and accordingly the petitioner and his wife has assured the biological mother that the petitioner and her mother would take care of the child and agreed to go through the legal process to adopt the child in due course of time. Accordingly, the biological mother who is incapable of looking after the child on account of her poverty and tough circumstances voluntarily entrusted the child to the petitioner with an - 4 - NC: 2025:KHC-D:7226 CRL.P No. 101595 of 2025 understanding that and petitioner would legally adopt the child. 7. It is stated that the Petitioner’s wife is also co- operating and the child was properly taken care of and at this juncture the N.G.O. filed a complaint alleging immoral trafficking of the child and Police have detained the petitioner. The petitioner is in custody since 13.03.2025. 8. Learned counsel for the petitioner on instructions would submit that petitioner is willing to undergo the process of adoption as contemplated under law. He would further submit that the petitioner has no criminal antecedents and he has not been convicted for any offences. It is also alleged that contents of the complaint and the charge sheet would not reveal commission of any offence and no case is made out for petitioner’s detention. 9. It is further submitted that since investigation is completed and charge sheet is filed, custodial detention is not required and the petitioner is ready to abide by any terms for his release on bail. - 5 - NC: 2025:KHC-D:7226 CRL.P No. 101595 of 2025 10. Learned counsel for the petitioner would place reliance on two Judgments of the Co-ordinate Bench of this Court in Crl. P. No. 7313/2024 and Crl. P. No. 7170/2021 wherein in almost similar circumstances this Court has granted the anticipatory bail. 11. Learned HCGP opposing the bail petition would submit that the Police have thoroughly investigated the matter and filed chargesheet and the very fact that child is said to be in custody of the petitioner without there being any legal adoption would itself indicate that the petitioner has committed the offence punishable u/S 374 of IPC and Sec. 80 and 81 of J.J. Act. 12. This Court has considered the contentions raised at the Bar and perused the records so also referred to the judgments cited at the Bar. 13. Contents of the complaint would indicate that 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 - 6 - NC: 2025:KHC-D:7226 CRL.P No. 101595 of 2025 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. Either the child has to be with the biological mother or with the person who is willing to adopt in accordance with law. 14. Admittedly the charge sheet is filed. 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 anticipatory bail granted in almost similar situations by the Co- ordinate Bench of this Court, 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. However to balance the conflicting interest and claims, the petitioner has to be on certain terms. 15. However, in the peculiar facts of the case, considering the submission of the petitioner and the biological mother of the child in question, who have submitted that the parties will initiate the procedure for - 7 - NC: 2025:KHC-D:7226 CRL.P No. 101595 of 2025 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 Additional 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. 1. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with - 8 - NC: 2025:KHC-D:7226 CRL.P No. 101595 of 2025 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 interfere in the trial. Sd/- (ANANT RAMANATH HEGDE) JUDGE BVV Ct:vh List No.: 1 Sl No.: 0