IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No. 17355 OF 2025 (438(Cr.PC) /

482(BNSS))

BETWEEN:

1. MRS VIJAYA @ VIJAYALAXMI

AGED 55 YEARS

W/O CHANDRA MOHAN

R/AT 1-136, SABI MESTRI COMPOUND

PUMPWELL, 1^ST CROSS ROAD

MANGALURU, D.K.-575002

…PETITIONER

(BY SRI P P HEGDE, SENIOR ADVOCATE A/W

SRI AKSHAY KUMAR JAIN, ADVOCATE)

AND:

1. THE STATE - THROUGH THE POLICE SUB

INSPECTOR, WPS, MANGALURU

Digitally signed by REPRESENTED BY

LAKSHMINARAYANA

STATE PUBLIC PROSECUTOR,

MURTHY RAJASHRI

Location: HIGH HIGH COURT OF KARNATAKA,

COURT OF

BANGALORE – 560 001.

KARNATAKA

…RESPONDENT

(BY SRI. M.R.PATIL, ADVOCATE)

THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED

U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HER ARREST IN CONNECTION WITH CRIME No.84/2025 REGISTERED BY MANGALORE WOMEN POLICE STATION FOR THE OFENCES PUNISHABLE UNDER SECTIONS 143(2), 143(4), 61(2) R/W

3(5) OF BNS 2023 AND U/S 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 No.2 under Section

482 of BNSS praying to grant anticipatory bail in Crime No.84/2025 of Mangalore Women Police Station, registered for offences under Sections 143(2), 143(4), 61(2) read with 3(5) of BNS and Section 81 of Juvenile Justice (Care and Protection of Children) Act, 2015.

2. Heard the learned Senior counsel for the petitioner and learned HCGP for respondent – State.

3. Learned counsel for the petitioner would contend that earlier the petitioner has been arrested in Crime No.77/2025 of Uppinangady Police Station of allegation of trafficking of child and she has been granted bail on 10.09.2025. During the investigation of the said case, mobile of the petitioner has been seized. As the mobile of the petitioner contained some audio clippings regarding the sale of the child, the present complaint has been filed by the Addl.SP, Karakala Sub-Division. The alleged incident may be continuation of the earlier case and second FIR is not maintainable. The petitioner in earlier case has been arrested and interrogated and mobile has been seized. The petitioner is running a PG and she is a social worker and office bearer in women's organization helping the women in need of care and protection. The petitioner has helped a girl who begot a child without marriage in giving adoption to a needy mother who intended to adopt a child. The petitioner is a woman aged 55 years and she is ready to co-operate with the IO in investigation and abide by any conditions to be imposed by this Court. With this he prayed to allow the petition.

4. Per contra, learned HCGP would contend that the petitioner is involved in multiple cases. The petitioner is involved in sale of child. The petitioner is a kingpin to all crimes wherein sale and purchase of child is involved. The investigation is in progress. The petitioner is required for custodial interrogation. With this, he prayed to reject the petition.

5. Having heard the learned counsels, the Court has perused the FIR, complaint and other materials placed on record.

6. The allegation against the petitioner in the complaint is that conversation contained in her mobile indicated the sale of child. The said mobile phone has been seized in Crime No.77/2025 after she was arrested in the said Crime No.77/2025. Petitioner has been granted bail by the Sessions Court by order dated 10.09.2025. The child alleged to have been involved in the present case and in Crime No.77/2025 are different child. The petitioner is a woman, aged 55 years and she has undertaken to co- operate with the police in investigation. The petitioner is not having any criminal antecedents except the earlier Crime No.77/2025.

7. Considering the above aspects, the petitioner has made out a case for grant of anticipatory bai