- 1 - HC-KAR NC: 2026:KHC:4726 CRL.P No. 16866 of 2025 C/W CRL.P No. 16799 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16866 OF 2025 (439(Cr.PC) / 483(BNSS)) C/W CRIMINAL PETITION No. 16799 OF 2025 IN CRL.P No. 16866/2025 BETWEEN: 1. SMT. SHOBHA C B W/O SRI.TULASI KUMAR L AGED ABOUT 44 YEARS RESIDING AT No.43 6TH CROSS, 7TH MAIN SUBBANNA GARDEN GOVINDARAJA NAGAR, VIJAYANAGARA BANGALORE -560 040. …PETITIONER (BY SMT. ANITHA R, ADVOCATE) AND: 1. THE SHO VIJAYANAGARA POLICE STATION MYSURU REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE – 560 001. …RESPONDENT (BY SRI MOHD. AYUB ALI, ADDL. SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4726 CRL.P No. 16866 of 2025 C/W CRL.P No. 16799 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO PASS AN ORDER FOR GRANT OF REGULAR BAIL TO THE PETITIONER/ACCUSED No.1 IN CONNECTION WITH CRIME No.147/2025 PERTAINING TO VIJAYANAGAR POLICE STATION, MYSURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 143(4) READ WITH SECTION 3(5) OF THE BHARATIYA NYAYA SANHITA (BNS) ACT SECTION 80, 81 JJ ACT. IN CRL.P No. 16799/2025 BETWEEN: 1. SRI TULASI KUMAR L S/O LATE LINGAMURTHY AGED ABOUT 44 YEARS RESIDING AT No.43, 6TH CROSS 7TH MAIN, SUBBANNA GARDEN GOVINDARAJ NAGAR VIJAYANAGARA BANGALORE – 560 040. ...PETITIONER (BY SMT. ANITHA R, ADVOCATE) AND: 1. THE SHO VIJAYANAGARA POLICE STATION MYSURU REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE – 560 001. …RESPONDENT (BY SRI MOHD. AYUB ALI, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO PASS AN ORDER FOR GRANT OF REGULAR BAIL TO THE PETITIONER/ACCUSED No.2 IN CONNECTION WITH CRIME No.147/2025 PERTAINING TO VIJAYANAGAR POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTION 143(4) READ WITH SECTION - 3 - HC-KAR NC: 2026:KHC:4726 CRL.P No. 16866 of 2025 C/W CRL.P No. 16799 of 2025 3(5) OF THE BHARATIYA NYAYA SANHITA (BNS) ACT SECTION 80, 81 JJ ACT. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Criminal Petition No.16866/2025 is filed by accused No.1 and Criminal Petition No.16799/2025 is filed by accused No.2. Both petitions are filed under Section 483 of BNSS praying to grant bail in Crime No.147/2025 of Vijayanagara Police Station, Mysore registered for offences punishable under Sections 143(4) and 80 and 81 of Juvenile Justice Act. 2. Heard learned counsel for petitioners and learned Additional SPP for the respondent -State. 3. Learned counsel for petitioners would contend that petitioner -accused Nos.1 and 2 have adopted C.W.2 by adoption deed dated 29.05.2015 and they are taking care of the said child since then. Genitive parents of C.W.2 are C.W.14 and C.W.15. C.W.14 is the brother of accused - 4 - HC-KAR NC: 2026:KHC:4726 CRL.P No. 16866 of 2025 C/W CRL.P No. 16799 of 2025 No.1. The adopted child i.e., C.W.2 is brother's daughter of accused No.1. Petitioners are taking care of C.W.2 as their own child since last 10 years. There are no criminal antecedents of petitioners. Petitioners are in judicial custody since 28.09.2025 and as charge sheet is filed, they are not required for further custodial interrogation. Petitioners have been falsely implicated in the case. With this, she prayed to allow petitions. 4. Per contra, learned Additional SPP for the respondent -State would contend that accused Nos.1 and 2 made plan to sell C.W.2 for sexual purpose with the help of C.W.4 -Mahesh. C.W.3 with the help of C.W.1 and C.W.4 made plan and they asked C.W.3 to act as dacoit for purchase of the child. In the plan, they were successful and petitioners have been caught red handed when they were handing over C.W.2 to C.W.3. The charge sheet materials show prima facie case against petitioners for offences alleged against them. The offence under Section 143(4) BNS is provided with sentence of imprisonment not - 5 - HC-KAR NC: 2026:KHC:4726 CRL.P No. 16866 of 2025 C/W CRL.P No. 16799 of 2025 less than 10 years which may extend to imprisonment for life. With this, he prayed to reject the petition. 5. Having heard learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. The charge sheet indicates that petitioner - accused No.1 contacted C.W.4 for sale of child of her neighbour for sexual purpose. C.W.4 with the help of C.W.1, who is the president of Odanadi Sangha, planned to catch accused No.1 red handed and they appointed C.W.3 as decoy for purchase of the child. When accused Nos.1 and 2 brought C.W.2 -child for giving it to C.W.3, they were caught. 7. Petitioners have adopted C.W.2 under registered adoption deed dated 29.05.2015. They said adopted child i.e. C.W.2 is brother's daughter of accused No.1. The said child has been adopted 10 years ago. Petitioners are residing in Bengaluru along with C.W.2. - 6 - HC-KAR NC: 2026:KHC:4726 CRL.P No. 16866 of 2025 C/W CRL.P No. 16799 of 2025 C.W.14 and C.W.15 are biological parents of C.W.2, who gave her in adoption to petitioners –accused Nos.1 and 2. C.W.2 has not stated anything against petitioners. Now, the child is with the grandmother as stated by learned Additional SPP. Whether petitioners have committed the offence alleged is to be ascertained at the trial. Petitioners are in judicial custody since 28.09.2025 and as charge sheet is filed, they are not required for further custodial interrogation. There are no criminal antecedents of petitioners. Considering the above aspect, petitioners have made out case for grant of bail with conditions. 8. In the result, the following ORDER i) Both petitions are allowed. ii) Petitioners –accused Nos.1 and 2 are granted bail Crime No.147/2025 of Vijayanagara Police Station, Mysore registered for offences punishable under Sections 143(4) and 80 and - 7 - HC-KAR NC: 2026:KHC:4726 CRL.P No. 16866 of 2025 C/W CRL.P No. 16799 of 2025 81 of Juvenile Justice Act subject to following conditions: a) Petitioners –accused Nos.1 and 2 shall execute a personal bond for a sum of Rs.1,00,000/- each with one surety for like sum to the satisfaction of the Jurisdictional Court. b) Petitioners –accused Nos.1 and 2 shall not tamper the prosecution witnesses either directly or indirectly. c) Petitioners –accused Nos.1 and 2 shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 4 Ct.sm