This petition is filed by accused under Section 439 of

The

Code

of

Criminal

Procedure,

1973

(hereinafter

referred to as the 8Cr.P.C.9, for brevity) seeking bail in

Crime No.78/2022 of Vidya Nagar Police Station registered

for the offences punishable under Sections 203, 307 and

317 of the Indian Penal Code (hereinafter referred to as

8IPC9, for brevity).

2.

The

case

of

the

prosecution

is

that,

on

13.06.2022, the petitioner and her husband admitted their

child Umejainab aged about 1 month 8 days to the KIMS

hospital for providing treatment due to bleeding from

mouth and admitted in Ward No.104 during treatment on

13.06.2022 at about 12:45 p.m, when she was walking on

the corridor of the hospital someone forcibly snatched her

child from her hand and taken away and thereafter she

has intimated the said fact to her relatives and patients of

other bed and filed complaint before the Vidyanagar Police

Station, Hubballi. During investigation on 16.06.2022 at

3

about 6:00 a.m, one female child was found in the

compound of KIMS hospital and it was identified by the

parents i.e, petitioner and her husband and police while

searching culprits through the CCTV footages of the KIMS

hospital, they found that petitioner herself in ward No.104

took her child to the bathroom and returned without the

child. When the police questioned the same to the

petitioner, she has admitted that the doctor informed her

that head of the child filled with water and when child

grow up it will be abnormal. So keeping in mind, the

petitioner decided to thrown her child through broken

window of the hospital and thrown her child out side from

the window. A case came to be registered against the

petitioner-accused for the offences under Sections 203,

307 and 317 of the IPC. The petitioner-accused came to

be arrested on 18.06.2022 and she is in judicial custody.

The

petitioner-accused

has

filed

bail

application

in

Crl.Misc.No.5315/2022 and the same came to be rejected

by the learned V Addl. District and Sessions Judge,

4

Dharwad sitting at Hubballi, by order dated 07.07.2022.

Therefore, the petitioner is before this Court seeking bail.

3.

Heard the arguments of the learned counsel

appearing for the petitioner and the learned High Court

Government Pleader for the respondent-State.

4.

Learned

counsel

for

the

petitioner

would

contend that, petitioner is the mother of child and it was

found after three days i.e, on 16.06.2022 at 6:00 a.m.

Now nothing has happened to the child and it is healthy

and it is in the custody of its father. It is his further

submission that the petitioner is a women and she being

the mother, who has delivered a baby recently on

05.05.2022, requires post delivery care. The petitioner is

ready to cooperate with the investigating officer in the

investigation. With this, he prayed to allow the petition.

5.

Per contra, learned High Court Government

Pleader would contend that, the investigation is still in

progress and the petitioner-accused has admitted that she

5

has thrown the child from the window and it is said that it

is from 18 feet height. It is his further submission that if

the petitioner is granted anticipatory bail, she will hamper

the investigation and tamper the prosecution witnesses.

With this, he prayed to reject the petition.

6.

Having regard to the submission made by the

learned counsel for the petitioner and the learned High

Court Government Pleader, this Court has gone through

the F.I.R, complaint, remand application and order passed

by the learned Session9s Court.

7.

The child of the petitioner born on 05.05.2022

was admitted to the KIMS hospital Hubballi for treatment.

During

the

treatment,

the

child

found

missing

on

13.06.2022. The petitioner-accused filed complaint of

kidnap of her child. Subsequently, the child came to be

traced

on

16.06.2022

at

6:00

a.m.

During

the

investigation,

the

police

on

ascertaining

the

CCTV

footages and on enquiry this petitioner found that it is the

petitioner who is responsible for throwing her c