[Cites 3, Cited by 0]
Karnataka High Court
Smt. Shobha C B vs The Sho on 29 January, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:4726
CRL.P No. 16866 of 2025
C/W CRL.P No. 16799 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 16866 OF 2025 (439(Cr.PC) /
483(BNSS))
C/W
CRIMINAL PETITION No. 16799 OF 2025
IN CRL.P No. 16866/2025
BETWEEN:
1. SMT. SHOBHA C B
W/O SRI.TULASI KUMAR L
AGED ABOUT 44 YEARS
RESIDING AT No.43
6TH CROSS, 7TH MAIN
SUBBANNA GARDEN
GOVINDARAJA NAGAR, VIJAYANAGARA
BANGALORE -560 040.
...PETITIONER
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI (BY SMT. ANITHA R, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA AND:
1. THE SHO
VIJAYANAGARA POLICE STATION
MYSURU REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BANGALORE - 560 001.
...RESPONDENT
(BY SRI MOHD. AYUB ALI, ADDL. SPP)
-2-
NC: 2026:KHC:4726
CRL.P No. 16866 of 2025
C/W CRL.P No. 16799 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED
UNDER SECTION 483 BNNS) PRAYING TO PASS AN ORDER FOR
GRANT OF REGULAR BAIL TO THE PETITIONER/ACCUSED No.1
IN CONNECTION WITH CRIME No.147/2025 PERTAINING TO
VIJAYANAGAR POLICE STATION, MYSURU FOR THE OFFENCE
PUNISHABLE UNDER SECTION 143(4) READ WITH SECTION
3(5) OF THE BHARATIYA NYAYA SANHITA (BNS) ACT SECTION
80, 81 JJ ACT.
IN CRL.P No. 16799/2025
BETWEEN:
1. SRI TULASI KUMAR L
S/O LATE LINGAMURTHY
AGED ABOUT 44 YEARS
RESIDING AT No.43, 6TH CROSS
7TH MAIN, SUBBANNA GARDEN
GOVINDARAJ NAGAR VIJAYANAGARA
BANGALORE - 560 040.
...PETITIONER
(BY SMT. ANITHA R, ADVOCATE)
AND:
1. THE SHO
VIJAYANAGARA POLICE STATION
MYSURU REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BANGALORE - 560 001.
...RESPONDENT
(BY SRI MOHD. AYUB ALI, ADDL. SPP)
THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED
UNDER SECTION 483 BNNS) PRAYING TO PASS AN ORDER FOR
GRANT OF REGULAR BAIL TO THE PETITIONER/ACCUSED No.2
IN CONNECTION WITH CRIME No.147/2025 PERTAINING TO
VIJAYANAGAR POLICE STATION FOR THE OFFENCE
PUNISHABLE UNDER SECTION 143(4) READ WITH SECTION
-3-
NC: 2026:KHC:4726
CRL.P No. 16866 of 2025
C/W CRL.P No. 16799 of 2025
HC-KAR
3(5) OF THE BHARATIYA NYAYA SANHITA (BNS) ACT SECTION
80, 81 JJ ACT.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
Criminal Petition No.16866/2025 is filed by accused
No.1 and Criminal Petition No.16799/2025 is filed by
accused No.2. Both petitions are filed under Section 483 of
BNSS praying to grant bail in Crime No.147/2025 of
Vijayanagara Police Station, Mysore registered for offences
punishable under Sections 143(4) and 80 and 81 of
Juvenile Justice Act.
2. Heard learned counsel for petitioners and
learned Additional SPP for the respondent -State.
3. Learned counsel for petitioners would contend
that petitioner -accused Nos.1 and 2 have adopted C.W.2
by adoption deed dated 29.05.2015 and they are taking
care of the said child since then. Genitive parents of C.W.2
are C.W.14 and C.W.15. C.W.14 is the brother of accused
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No.1. The adopted child i.e., C.W.2 is brother's daughter
of accused No.1. Petitioners are taking care of C.W.2 as
their own child since last 10 years. There are no criminal
antecedents of petitioners. Petitioners are in judicial
custody since 28.09.2025 and as charge sheet is filed,
they are not required for further custodial interrogation.
Petitioners have been falsely implicated in the case. With
this, she prayed to allow petitions.
4. Per contra, learned Additional SPP for the
respondent -State would contend that accused Nos.1 and
2 made plan to sell C.W.2 for sexual purpose with the help
of C.W.4 -Mahesh. C.W.3 with the help of C.W.1 and
C.W.4 made plan and they asked C.W.3 to act as dacoit
for purchase of the child. In the plan, they were successful
and petitioners have been caught red handed when they
were handing over C.W.2 to C.W.3. The charge sheet
materials show prima facie case against petitioners for
offences alleged against them. The offence under Section
143(4) BNS is provided with sentence of imprisonment not
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less than 10 years which may extend to imprisonment for
life. With this, he prayed to reject the petition.
5. Having heard learned counsels, the Court has
perused the charge sheet and other materials placed on
record.
6. The charge sheet indicates that petitioner -
accused No.1 contacted C.W.4 for sale of child of her
neighbour for sexual purpose. C.W.4 with the help of
C.W.1, who is the president of Odanadi Sangha, planned
to catch accused No.1 red handed and they appointed
C.W.3 as decoy for purchase of the child. When accused
Nos.1 and 2 brought C.W.2 -child for giving it to C.W.3,
they were caught.
7. Petitioners have adopted C.W.2 under
registered adoption deed dated 29.05.2015. They said
adopted child i.e. C.W.2 is brother's daughter of accused
No.1. The said child has been adopted 10 years ago.
Petitioners are residing in Bengaluru along with C.W.2.
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C.W.14 and C.W.15 are biological parents of C.W.2, who
gave her in adoption to petitioners -accused Nos.1 and 2.
C.W.2 has not stated anything against petitioners. Now,
the child is with the grandmother as stated by learned
Additional SPP. Whether petitioners have committed the
offence alleged is to be ascertained at the trial. Petitioners
are in judicial custody since 28.09.2025 and as charge
sheet is filed, they are not required for further custodial
interrogation. There are no criminal antecedents of
petitioners. Considering the above aspect, petitioners have
made out case for grant of bail with conditions.
8. In the result, the following
ORDER
i) Both petitions are allowed.
ii) Petitioners -accused Nos.1 and 2 are granted
bail Crime No.147/2025 of Vijayanagara Police
Station, Mysore registered for offences
punishable under Sections 143(4) and 80 and
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81 of Juvenile Justice Act subject to following
conditions:
a) Petitioners -accused Nos.1 and 2 shall
execute a personal bond for a sum of
Rs.1,00,000/- each with one surety for like
sum to the satisfaction of the Jurisdictional
Court.
b) Petitioners -accused Nos.1 and 2 shall not
tamper the prosecution witnesses either
directly or indirectly.
c) Petitioners -accused Nos.1 and 2 shall
attend the trial Court on all dates of hearing
unless exempted and co-operate for speedy
disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
List No.: 1 Sl No.: 4
Ct.sm
