IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No. 17350 OF 2025 (438(Cr.PC) /

482(BNSS))

BETWEEN:

1. RAJAMANICKAM SUBRAMANIAN

S/O SUBRAMANIAN

AGED ABOUT 46 YEARS

R/AT No. 32, 4^TH MAIN ROAD RAMALINGA NAGAR, WORIUR

TIRUCHIRAPPALLI

TAMIL NADU – 620 003.

2. SHOBANA RAJAMANICKAM

W/O RAJAMANICKAM

AGED ABOUT 40 YEARS

R/AT No. 32, 4^TH MAIN ROAD RAMALINGA NAGAR, WORIUR

TIRUCHIRAPPALLI

TAMIL NADU – 620 003.

…PETITIONERS

Digitally signed by

LAKSHMINARA YANA

MURTHY RAJASHRI

(BY SRI RAJESH S, ADVOCATE)

Location: HIGH

COURT OF

KARNATAKA

AND:

1. THE STATE BY

UDAYAGIRI PS

MYSORE CITY

REP. BY STATE PUBLIC PROSECUTOR

…RESPONDENT

(BY SRI M R PATIL, HCGP)

THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO ENLARGE THE ANTICIPATORY BAIL IN THE EVENT OF ARREST BY RESPONDENT POLICE IN CR.No.153/2023 REGISTERED BY THE RESPONDENT UDAYAGIRI P.S. MYSORE CITY FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 80,81 OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN)

ACT 2015.

THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by accused Nos. 6 and 7 under Section 482 of BNSS, praying to grant anticipatory bail in Crime No.153/2023 of Udayagiri Police Station, registered for offences under Sections 80, 81 of Juvenile Justice(Care and Protection of Children) Act, 2015.

2. Heard learned counsel for petitioners and learned HCGP for respondent/State.

3. Learned counsel for petitioners would contend that accused No.4 who is stated to have taken part in the sale of child has been granted anticipatory bail by this Court in Crl.P.No.12030/2023 by order dated 07.12.2023. The petitioners are married couple who are not having any child have taken the child in adoption from the parents. There is no role of these petitioners in commission of any crime alleged against them. The child has been rescued and CDPO has taken the custody of the child. With this he prays to allow the petition.

4. Per contra, learned HCGP would contend that there is no adoption deed. One document i.e. the affidavit has been created in the name of biological parents of the child. The investigation is in progress and petitioners are required for custodial interrogation. With this, he has prayed to reject the petition.

5. Having heard the learned counsels, the Court has perused the materials placed on record.

6. This Court while granting anticipatory bail to accused No.4 in Crl.P.No.12030/2023 in the order dated

07.12.2023 has observed as under:

“From a perusal of the averments made in the Report dated 28.08.2023, which had resulted in registering FIR in Crime No.153/2023, it is seen that the child which was born to accused Nos.1 and 2 was initially sold by them to accused No.3 - Shabeer for some consideration and thereafter, accused No.3 had allegedly sold the child to accused No.4. Accused No.4 sold the baby to accused No.5 and in turn accused No.5 had sold the child to accused Nos.6 and 7. Undisputedly, parents of the child have not made any complaint. It is not the allegation of the prosecution that the child was stolen from the biological parents and sold. The material on record would go to show that accused No.3 had prepared a deed, which was notarized and signed by accused Nos.1 and 2, who are the biological parents of the child before the he purchased the baby from accused Nos.1 and 2. The maximum punishment for the alleged offences is imprisonment for seven years. Undisputedly, the petitioner has no criminal antecedents. Petitioner's custodial interrogation in the present case may not be required since the child has been undisputedly rescued. Therefore, I am of the view that the prayer made by the petitioner for grant of anticipatory bail is required to be answered in the affirmative.”

7. The allegation against these petitioners is that they have purchased the child from accus