- 1 - HC-KAR NC: 2025:KHC-D:11721 CRL.P No. 103454 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103454 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: KISHAN S/O. SHREEKATH AIREKAR, AGE. 42 YEARS, OCC. DRIVER, R/O. SHIVASHKTI NAGAR, ANGOL, BELAGAVI-590 006. … PETITIONER (BY SRI. ANWAR BASHA B., ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH DANDELI TOWN POLICE STATION, 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), PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.5 ON BAIL IN CRIME NO.79/2025 REGISTERED BEFORE DANDELI TOWN POLICE STATION KARWAR DISTRICT, PENDING THE TRAIL BEFORE PRL. CIVIL JUDGE AND JMFC (JN.DN) COURT DANDELI, UTTARA KANNADA 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 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:11721 CRL.P No. 103454 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.5 in Crime No.79/2025 registered by Dandeli Town Police Station, Uttarakannada 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, Uttara Kannada 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:11721 CRL.P No. 103454 of 2025 Miscellaneous No.5191 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 petitioner’s name is not found in the FIR. It appears that accused nos.1 and 2 who are the parents of a boy baby, which was born on 17.06.2025, intended to sell their baby, since they were in need of money. Petitioner who is arraigned as accused no.5 in the present case, allegedly approached accused nos.1 and 2 with the assistance of accused nos.3 and 4 and had purchased the boy baby from accused nos.1 and 2. It is under these circumstances FIR was registered in the present case. Undisputedly, petitioner has no other criminal antecedent. Maximum punishment for the alleged offences is imprisonment for a period of 5 years. Investigation of the case is completed and charge sheet has been filed. 5. Considering the aforesaid aspects of the matter, the prayer made by the petitioner for grant of regular bail is - 4 - HC-KAR NC: 2025:KHC-D:11721 CRL.P No. 103454 of 2025 required to be answered in the affirmative. Accordingly the following: ORDER i. Petition is allowed. ii. The petitioner is directed to be enlarged on bail in No. Crime No.79/2025 registered by Dandeli Town Police Station, Uttarakannada 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; - 5 - HC-KAR NC: 2025:KHC-D:11721 CRL.P No. 103454 of 2025 d. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 27