- 1 - HC-KAR NC: 2026:KHC:754 CRL.P No. 15993 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15993 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: SMT. HEMAVATHI W/O ANIL KUMAR, AGED ABOUT 45 YEARS, R/AT: NO.5, 2ND CROSS, 4TH CROSS, R.R. NAGAR, PARVATHAMMA LAYOUT, HUNSMARANAHALLI, BANGALORE - 562 157. PRESENTLY RESIDING AT NO.76 SHREEVENKATACHALA, HMT LAYOUT, MATTIKERE, BANGALORE - 560 054. …PETITIONER (BY SRI. PRASAD K.R. RAO, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH CHIKKAJALA POLICE STATION, BANGALORE - 560 009. REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA COMPLEX, AMBEDKAR VEEDHI, BANGALORE - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M. HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:754 CRL.P No. 15993 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.163/2025 OF THE RESPONDENT/POLICE, PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, AT DAVANAHALLI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 142 AND 143(2) OF BNS, 2023 AND SECTION 84 OF J.J. ACT, 2015. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.2 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.163/2025 of Chikkajala Police Station, registered for offences punishable under Sections 137(2), 142 and 143(2) of Bharatiya Nyaya Sanhita, 2023 and Section 84 of J.J. Act. 2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State. - 3 - HC-KAR NC: 2026:KHC:754 CRL.P No. 15993 of 2025 3. Learned counsel for petitioner would contend that, the name of this petitioner has not been shown in the FIR and complaint. The FIR has been registered against unknown persons. On the missing compliant filed by the mother of the child, accused Nos.1 and 2 have been arrested on 26.10.2025 and the child has been recovered from the possession of this petitioner. As the major portion of the investigation is over, the petitioner is not required for further custodial interrogation. The offence alleged against the petitioner is provided with a maximum sentence of ten (10) years. There are no criminal antecedents of the petitioner. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, the investigation is in progress. The statement of the child has been recorded. The child has been found in the possession of this petitioner/accused No.2 and it has been seized under mahazar. The petitioner along with accused No.1 - 4 - HC-KAR NC: 2026:KHC:754 CRL.P No. 15993 of 2025 have kidnapped the child aged four (4) years, who is the son of the complainant. If the petitioner is granted bail, there are chances of her hampering the investigation and tampering the prosecution witnesses and committing similar offence. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint, remand application and other materials placed on record. 6. One Amaraiah has filed a complaint on 25.10.2025 regarding missing of his son - Siddartha, aged four (4) years. On the basis of the same, a case came to be registered in Chikkajala Police Station in Crime No.163/2025 for offence under Section 137(2) of BNS. During the investigation, accused Nos.1 and 2 have been arrested on 26.10.2025. The child has been recovered from the house of this petitioner/accused No.2 and it has been seized under mahazar. The statement of the child - 5 - HC-KAR NC: 2026:KHC:754 CRL.P No. 15993 of 2025 has been recorded. At the time of kidnap of the child, the petitioner was wearing burka to hide herself and the said burka has been seized from the house of this petitioner under mahazar. The investigation is in progress. The offence alleged against the petitioner is punishable with imprisonment which may extend to ten (10) years. 7. Considering all the above aspects, the petitioner has not made out any grounds for grant of bail. In the result, the Criminal Petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 6