Manjunath vs The State Of Karnataka & Anr.

This petition is filed by the petitioner/accused No.7 under Section 483 of Bharatiya Nagarik Suraksha Sanhita 2023, seeking to enlarge him on bail in connection with Crime No.143 of 2026 of Old Hubballi Police, pending on the file of II Addl. District & Sessions Judge, Dharwad and Special Court for trial of offence under the POSCO Act and SC & ST(POA) Act, for the offences punishable under Sections 137(2), 64(2) r/w 3(5) OF BNS, 2023, under section 4(2), 6 and 21 OF Protection of Children from Sexual Offences Act 2012 and under Sections 80, 81 of Juvenile Justice Act, 2015.

Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1-State.

The brief facts of the prosecution case is as under:-

On 16.07.2026 at 3.00 p.m., CW1 lodged the complaint with the respondent police alleging that accused No.1 committed penetrative and aggravated sexual assault on the victim repeatedly, thus, she became pregnant and later, she delivered a child, same was handed to accused No.7 on the consideration of Rs.2,40,000/- and hence, the case was registered. During the course of investigation, this petitioner/accused No.7 was arrested and was remanded to judicial custody.

Learned counsel for the petitioner contended that the entire allegations is against accused No.1 and the allegations made against accused No.7 is that he took the child of the victim with good intention and he never purchased the child for any consideration amount. The petitioner is innocent, he has not committed any offences and he has been falsely implicated in the case. The petitioner is a law abiding citizen and is ready and willing to abide by any of the conditions to be imposed by this Court. Hence, he prayed for grant of bail.

Per contra, the learned High Court Government Pleader contended that there is prima-facie material against the petitioner and the material on record clearly indicate that the child born to the victim was sold to accused No.7 through accused Nos.2, 3 and 6 by the mother of the victim for a sum of Rs.2,40,000/- and it amounts to human trafficking. If the petitioner is released on bail, there is likelihood of tampering with the prosecution witnesses. Hence, he prayed for rejecting the petition.

Perusal of the material available on record goes to show that the entire allegations against accused No.1 is with regard to penetrative and aggravated sexual assault on the victim. It is not in dispute that the victim delivered the child and the same is handed over to accused No.7. The fact that accused Nos.2, 3 and 6 sold the child to accused No.7 has to be investigated by the Investigating Officer. Considering the nature of allegations made against the present petitioner, the petitioner is entitled for bail. Thus, the Court proceeds to pass the following

Criminal petition is allowed.

The trial Court is directed to release the petitioner/accused No.7in connection with Crime No.143/2026 of Old Hubballi Police pending on the file of II Addl. District & Sessions Judge, Dharwad and Special Court for trial of offence under the POSCO Act and SC & ST(POA) Act registered for the offences punishable under Sections 137(2), 64(2) r/w 3(5) of BNS, 2023, under sections 4(2), 6 and 21 of Protection of Children from Sexual Offences Act, 2012 and under sections 80, 81 of Juvenile Justice Act, 2015, subject to the following conditions:

ii) Petitioner shall not threaten or tamper with the prosecution witnesses directly or indirectly;

iii) Petitioner shall co-operate with the Investigating Officer, until completion of the investigation;

iv) Petitioner shall not involve in similar offences in future, and

Any violation of the conditions imposed above would enable the prosecution to seek for cancellation of bail.