- 1 - HC-KAR NC: 2026:KHC:1693 CRL.P No. 17350 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 17350 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. RAJAMANICKAM SUBRAMANIAN S/O SUBRAMANIAN AGED ABOUT 46 YEARS R/AT No. 32, 4TH MAIN ROAD RAMALINGA NAGAR, WORIUR TIRUCHIRAPPALLI TAMIL NADU – 620 003. 2. SHOBANA RAJAMANICKAM W/O RAJAMANICKAM AGED ABOUT 40 YEARS R/AT No. 32, 4TH MAIN ROAD RAMALINGA NAGAR, WORIUR TIRUCHIRAPPALLI TAMIL NADU – 620 003. …PETITIONERS (BY SRI RAJESH S, ADVOCATE) AND: 1. THE STATE BY UDAYAGIRI PS MYSORE CITY REP. BY STATE PUBLIC PROSECUTOR …RESPONDENT (BY SRI M R PATIL, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1693 CRL.P No. 17350 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO ENLARGE THE ANTICIPATORY BAIL IN THE EVENT OF ARREST BY RESPONDENT POLICE IN CR.No.153/2023 REGISTERED BY THE RESPONDENT UDAYAGIRI P.S. MYSORE CITY FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 80,81 OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) 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 Nos. 6 and 7 under Section 482 of BNSS, praying to grant anticipatory bail in Crime No.153/2023 of Udayagiri Police Station, registered for offences under Sections 80, 81 of Juvenile Justice(Care and Protection of Children) Act, 2015. 2. Heard learned counsel for petitioners and learned HCGP for respondent/State. 3. Learned counsel for petitioners would contend that accused No.4 who is stated to have taken part in the sale of child has been granted anticipatory bail by this Court in Crl.P.No.12030/2023 by order dated 07.12.2023. The - 3 - HC-KAR NC: 2026:KHC:1693 CRL.P No. 17350 of 2025 petitioners are married couple who are not having any child have taken the child in adoption from the parents. There is no role of these petitioners in commission of any crime alleged against them. The child has been rescued and CDPO has taken the custody of the child. With this he prays to allow the petition. 4. Per contra, learned HCGP would contend that there is no adoption deed. One document i.e. the affidavit has been created in the name of biological parents of the child. The investigation is in progress and petitioners are required for custodial interrogation. With this, he has prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the materials placed on record. 6. This Court while granting anticipatory bail to accused No.4 in Crl.P.No.12030/2023 in the order dated 07.12.2023 has observed as under: - 4 - HC-KAR NC: 2026:KHC:1693 CRL.P No. 17350 of 2025 “From a perusal of the averments made in the Report dated 28.08.2023, which had resulted in registering FIR in Crime No.153/2023, it is seen that the child which was born to accused Nos.1 and 2 was initially sold by them to accused No.3 - Shabeer for some consideration and thereafter, accused No.3 had allegedly sold the child to accused No.4. Accused No.4 sold the baby to accused No.5 and in turn accused No.5 had sold the child to accused Nos.6 and 7. Undisputedly, parents of the child have not made any complaint. It is not the allegation of the prosecution that the child was stolen from the biological parents and sold. The material on record would go to show that accused No.3 had prepared a deed, which was notarized and signed by accused Nos.1 and 2, who are the biological parents of the child before the he purchased the baby from accused Nos.1 and 2. The maximum punishment for the alleged offences is imprisonment for seven years. Undisputedly, the petitioner has no criminal antecedents. Petitioner's custodial interrogation in the present case may not be required since the child has been undisputedly rescued. Therefore, I am of the view that the prayer made by the petitioner for grant of anticipatory bail is required to be answered in the affirmative.” - 5 - HC-KAR NC: 2026:KHC:1693 CRL.P No. 17350 of 2025 7. The allegation against these petitioners is that they have purchased the child from accused No.5. Accused No.5 in turn has purchased the child from accused No.4. Accused No.4 has been granted anticipatory bail. Petitioners are husband and wife and they were not having any child. Their marriage has taken place in the year 2010. The petitioners have taken care of the child as adoptive parents. The offences alleged against the petitioners are not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioners. 8. Considering the above aspects, the petitioners have made out case for grant of anticipatory bail with conditions. In the result, the following: ORDER The petition is allowed. The petitioners are ordered to be released on bail, in the event of their arrest, in - 6 - HC-KAR NC: 2026:KHC:1693 CRL.P No. 17350 of 2025 Crime No.153/2023 of Udayagiri Police Station, subject to following conditions: (i) Petitioners shall voluntarily appear before the IO within 10 days from this day and execute bail bond for a sum of Rs.1,00,000/- each, with one surety to the satisfaction of the IO. (ii) Petitioners shall not tamper the prosecution witnesses either directly or indirectly. (iii) Petitioners shall co-operate with the IO in further investigation. (iv) Petitioners shall appear before the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 22 Ct.sm