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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 15^TH DAY OF JUNE 2021

BEFORE

THE HON9BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO.101034 OF 2021

BETWEEN

SMT. KALAVATI

W/O JAYALINGAPPA VIJAPUR

AGE. 52 YEARS,OCC. HOUSEHOLD WORK,

R/O. 5TH CROSS, S.S.K.COLONY

DHARWAD-580001, DIST. DHARWAD

...PETITIONER

(BY SRI.PRASHANT S KADADEVAR,ADV.)

AND

THE STATE OF KARNATAKA

REPRESENTED BY STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

DHARWAD BENCH

IN PSI VIDYAGIRI POLICE STATION,

DHARWAD, DIST. DHARWAD

&RESPONDENT

(BY SRI.RAMESH B. CHIGARI, HCGP)

THIS CRIMINAL PETITION IS FILED U/S 438 OF

CR.P.C., SEEKING TO ALLOW THE PETITION AND

GRANT ANTICIPATORY BAIL TO THE PETITIONER, WHO

IS

ACCUSED

NO.5

IN

VIDYAGIRI

PS

CRIME

NO.31/2021 FOR OFFENCE PUNISHABLE U/S 344, 347,

370, 504, 506 R/W 34 OF IPC AND SEC.81, 87 OF

JUVENILE

JUSTICE

(CARE

AND

PROTECTION

OF

CHILDREN) ACT, 2015 AND SEC.4, 37 AND 38 OF

KARNATAKA MONEY LENDERS ACT.

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THIS CRIMINAL PETITION COMING ON FOR

ORDERS

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

ORDER

This

petition

is

filed

by

the

petitioner/accused No.5 under Section 438 of

The

Code

of

Criminal

Procedure,

1973

(hereinafter referred to as the 8Cr.P.C.9, for

brevity) seeking bail in Crime No.31/2021 of

Vidyagiri Police Station, registered for the

offences punishable under Sections 344, 347,

370, 504, 506 r/w 34 of the Indian Penal Code

(hereinafter

referred

to

as

the

8IPC9,

for

brevity) and Sections 81 and 87 of Juvenile

Justice(Care and Protection of Children )Act,

2015 and Sections 4, 37 and 38 of Karnataka

Money Lenders Act.

2.

It is the case of the prosecution that

complainant one Roopa @ Sana has filed

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complaint stating that she is residing along

with her husband and a daughter by name

Ayusha and her husband is auto driver. The

complainant is basically belonging to Lingayat

community and in the year 2015 she married

Mainuddin Rahut. The complainant has taken

hand

loan

of

Rs.22,000/-for

her

family

necessities from one Bharathi (accused No.1)

at 10% interest per month. Due to financial

difficulties, she could not repay the amount

and she was pregnant at that point of time.

On 23.08.2020 she had gone for delivery to the

Dharwad

District

Hospital

and

doctors

at

Dharwad district Hospital told her to go to

KIMS Hospital, Hubballi while proceeding to

Hubballi due to delivery pain she went to

Shreya Hospital situated opposite to Dharwad

District Court and gave birth to baby boy who

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has been named as a Maktumhussain. The said

delivery

was

a

cesarean

delivery,

total

expenses of the Hospital was Rs.50,000/- and

her husband9s parents did not pay the bill as it

was

inter-caste

marriage.

Later

Bharathi

(accused

No.1)

is

alleged

to

have

paid

Rs.50,000/- and took her along with child to

her house suspecting that complainant may run

away without paying the hand loan amount.

Under the guise of recovery of hand loan along

with interest the complainant is alleged to have

been illegally detailed by accused Nos.1 and 2.

Thereafter, on 01.10.2020 at about 11.00 am

accused Nos.1 to 4 have forcibly taken the

complainant and her husband to accused No.39s

dance class situated at Gandhi Nagar, Dharwad

to sell the baby. Accordingly, baby is said to

have given to a lady by name Kalavathi

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(accused No.5) for which complainant have

received Rs.2,00,000/- and further balance of

Rs.50,000/- was agreed to be paid to Vinayak

Madar

(accused

No.4).

Complainant9s

signatures

have

obtained

on

some

blank

papers. Accused Nos.1 to 4 have taken the

complainant and her husband to a house

situated

at

Sadanakeri

and

they

collected

Rs.1,00,000/- from the complainant and her

husband and told that they would collect the

remaining

amount

from

Vinayak

Madar

(accused No.4) and threatened of killing them

if

they

continued

to

stay

in

Dharwad