- 1 - HC-KAR NC: 2025:KHC-D:11426 CRL.P No. 103425 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103425 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: NOOR MOHAMMED S/O ABDUL MAZEED NAIK, AGE. 47 YEARS, OCC. PAINTING, R/O. ANGOL, BELAGAVI-590 006. … PETITIONER (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH DANDELI TOWN POLICE STATION, U.K.) R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BENCH, DHARWAD-580 001. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONERS/ACCUSED NO.4 ON BAIL IN CRIME NO.79/2025 REGISTERED BEFORE DANDELI TOWN POLICE STATION KARWAR DISTRICT, PENDING THE TRIAL BEFORE PRL. CIVIL JUDDGE AND JMFC (JR.DN.) COURT DANDELI, UTTARAKANNADA DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143(2), 3(5), 61(2) OF BNS AND SECTION JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT 2015 (81) PENDING INVESTIGATION OF THE CASE, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11426 CRL.P No. 103425 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.4 in Crime No.79/2025 registered by Dandeli Town Police Station, Karwar District, for the offences punishable under Sections 143(2), 3(5), 61(2) of BNS and Section 81 of Juvenile Justice (Care and Protection of Children) Act 2015 is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.79/2025 was registered by Dandeli Town Police Station, Karwar District for the aforesaid offences against Maheen Waseem and others based on the first information dated 09.07.2025 received from Smt. Reshma Mahadev who is working as Anganwadi Assistant, Dandeli. During the course of investigation, petitioner was arrested on 11.07.2025. His bail application filed before the Jurisdictional Sessions Court in Criminal - 3 - HC-KAR NC: 2025:KHC-D:11426 CRL.P No. 103425 of 2025 Miscellaneous No.5192 of 2025 was rejected on 22.08.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that after the first informant came to know that accused Nos.1 and 2 who are the parents of the newly born baby boy had sold the same to other accused for the purpose of money, she had approached the police and submitted her first information based on which FIR was registered in Crime No.79/2025 by Dandeli Town Police Station, Karwar District for the aforesaid offence against the parents of the newly born boy and others. During the course of investigation, petitioner who is arraigned as accused No.4 in the FIR was arrested on 11.07.2025 and remanded to judicial custody. Allegation against the petitioner is that he along with accused No.5 had approached the parents of the newly born baby and had purchased the baby for a sum of Rs.3,00,000/-. - 4 - HC-KAR NC: 2025:KHC-D:11426 CRL.P No. 103425 of 2025 5. According to the learned counsel for the petitioner, accused No.5 who is a married man had no children and therefore, the petitioner who is friend of accused No.5 had accompanied him and had negotiated with accused Nos.1 and 2 who intend to sell the newly born baby to settle their loan due which they had borrowed from a society. Material on record would go to show that investigation of the case is already completed and draft charge sheet is already prepared. Petitioner who has no other criminal antecedent in custody from 11.07.2025 onwards. The maximum punishment for alleged offences is imprisonment for a period of 5 years. 6. Considering the aforesaid aspects of the matter, the prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly the following: ORDER i. Petition is allowed. - 5 - HC-KAR NC: 2025:KHC-D:11426 CRL.P No. 103425 of 2025 ii. The petitioner is directed to be enlarged on bail in No.79/2025 registered by Dandeli Town Police Station, Karwar District, for the offences punishable under Sections 143(2), 3(5), 61(2) of BNS and Section 81 of Juvenile Justice (Care and Protection of Children) Act 2015, subject to the following conditions: a. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; b. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK