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2020 Supreme(Kar) 318

JOHN MICHAEL CUNHA
Pm Robin – Appellant
Versus
State Of Karnataka – Respondent


Advocates Appeared:
Sri. Pratheep K.C., Advocate, for the Appellants; Smt. Namitha Mahesh BG, HCGP, for the Respondent

JUDGMENT

1. This petition is by accused Nos.4 and 5 in Crime No.1/2020 for grant of anticipatory bail under Section 438 of Cr.P.C.

2. Heard learned counsel for petitioners and learned High Court Government Pleader appearing for respondent.

3. Learned High Court Government Pleader has not filed any statement of objections but has orally opposed the petition.

4. The Deputy Director of Child and Women Development, Madikeri, Coorg District, lodged a complaint before the Madikeri Town Police Station alleging that on receipt of a complaint from one Sri.Kushalappa, District Convener, VHP, she proceeded to the house of A3-Smt.Saleena and found a four months old child in the house and on enquiry, A3 revealed that while she was working as Aaya in Ashwini Hospital and on 22.8.2019, a minor girl gave birth to a child in the said hospital; mother of the child refused to take the child and therefore, the child was given to her son and daughter-in-law viz. the petitioners herein (A4 and A5) by A1 and A2 and they were also given a document to the effect that the said child was born to the petitioners herein.

4.1 A reading of the complaint indicates that A3 has made a clean breast of the entire even

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