Radha vs State Of Karnataka

Shivashankar Amarannavar, J

This petition is filed by sole accused under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.142/2024 of Chamarajanagar Town Police Station, registered for offences punishable under Sections 139, 139(a) of Bharatiya Nyaya Sanhita, 2023 and Section 76 of Juvenile Justice (Care & Protection of Children) Act, 2015.

Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State.

Learned counsel for petitioner would contend that, the mother of the child herself has given the child to the petitioner. The mother of the child is not mentally sound and the same has been mentioned in the complaint. The petitioner is a begger and she has not kidnapped the child. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The petitioner is in judicial custody since 19.11.2024. The petitioner is a woman. With these, she prayed to allow the petition.

Per contra, learned High Court Government Pleader for respondent would contend that, the petitioner is kidnapped the child of C.W.2 for begging on 14.11.2024 and she was found with the child on 19.11.2024 in Mysuru Railway Station. There is a prima-facie case against the petitioner for offence alleged against her. If the petitioner is granted bail, she will flee from justice and will not available for trial. With these, she prayed for dismissal of the petition.

Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint, charge sheet and other materials placed on record.

In the averments of complaint, there is a mention that, the mother of the child is not mentally sound (peddhi) and she was missing from the house along with child on 08.11.2024. The complainant earlier had filed missing complaint and the Police informed of securing C.W.2 and she is in Chamarajanagar Police Station on 14.11.2024. C.W.2 was found by the complainant in Police Station on 15.11.2024. C.W.2 has informed the complainant regarding some lady taking her child for the purpose of begging and not returning the child. The child was found along with petitioner in Mysuru Railway Station on 19.11.2024. The petitioner is a woman and she is in judicial custody since 19.11.2024. The petitioner is stated to be a begger. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The offence alleged against the petitioner is not punishable either with death or imprisonment for life.

Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following;

ORDER

The Criminal Petition is allowed. The petitioner is granted bail in Crime No.142/2024 of Chamarajanagar Town Police Station, subject to following conditions:

i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the Jurisdictional Court.

ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.

iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case.