Karnataka High Court
Rozi Luyis Dabali vs The State Of Karnataka on 22 August, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 22 N D DAY OF AUGUST 2022
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 102137/ 2022
BETWEEN:
ROZI LUYIS DABALI,
AGE: 38 YEARS, OCC: ASHA KARYAKARTE,
R/O. AGSALKATTA, TQ: HALIYAL,
DIST: UTTARA KANNADA - 581329.
... PETITIONER
(BY SRI. SHIVA S HIRUR, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH HA LIYAL POLICE STATION ,
NOW R/BY STATE PUBLIC PROSECUT OR,
HIGH COURT OF K ARNATAKA,
DHARWAD BEN CH, AT: DHARWAD - 580001.
... RES PONDENT
(BY SRI. PRAS HAN TH V.MOGALI , HCGP)
THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C.,
SEEKING TO ALLOW THE PETITION AND DIRECT THE
RESPOND ENT TO ENLARGE THE PETI TIONER/ACCUSED NO.5 ON
BAIL IN THE EVENT OF HER ARREST IN HALIYAL PS CRIME
NO.67/ 2022 F OR THE OFF ENCE PUN ISHABLE UNDER S ECTIONS
80 AND 81 OF J UVENILE J USTICE (CARE AND PROTECTION)
ACT, 2015 PENDING ON THE FILE OF THE LEARN ED PRL. CIVIL
JUDGE (JR.DN.) & J.M.F .C. COURT HALIYAL, UTTARA K ANNADA
DISTRICT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE F OLLOWING:
2
ORDER
This petition is filed by accused No.5 under Section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking anticipatory bail in Crime No.67/2022 of Haliyal Police Station registered for the offences punishable under Sections 80 and 81 of Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the 'JJ Act,2015', for brevity).
2. The case of the prosecution is that, accused No.1 gave birth to a female child at Government Hospital situated at Haliyal Taluka on 20.04.2022 and she was discharged from the hospital on 22.04.2022. During the pregnancy period the Child Welfare Scheme has looked after the accused No.1/mother to provide medical treatment. It is after the discharge of accused No.1 from the hospital, the Anganwadi workers visited the house of accused No.1 and upon enquiry, it is informed that with 3 the intervention of accused No.5/petitioner herein without following the procedure of adoption the accused Nos.3 and 4 have adopted the female child. It is on these allegations the respondent/Police have registered the case in Crime No.67/2022 of Haliyal Police Station against the petitioner and other accused for the offences punishable under Sections 80 and 81 of the JJ Act, 2015. The petitioner is arrayed as accused No.5 in the FIR and apprehending her arrest has filed Criminal Miscellaneous No.5122/2022 seeking anticipatory bail and the same came to be dismissed by the learned 1 s t Additional District & Sessions Judge, U.K. Karwar, sitting at Sirsi by order dated 08.06.2022. Therefore, the petitioner is before this Court seeking anticipatory 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. It would be the contention of the learned counsel for the petitioner that, the child born to the 4 accused No.1 is not orphan, abandoned or surrendered child to attract offence under Section 80 of the JJ Act, 2015. On that point, he places reliance on the decision of this Court rendered by a co-ordinate bench in Criminal Petition No.100659/2021 dated 07.04.2022. It is his further submission that the offences alleged against the petitioner are not punishable with death or imprisonment for life. The petitioner is ready to co-operate with the Police in the investigation. With this, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader would contend that, the petitioner/accused No.5 is a Asha worker who along with accused Nos.6 and 7 have made the accused Nos.1 and 2 to give their female child for adoption to accused Nos.3 and 4 for a consideration of Rs.25,000/-. It is his further submission that the offence alleged against the petitioner is punishable with 7 years imprisonment. It is his further submission that the charge sheet has been filed against the petitioner for the offences 5 punishable under Sections 80 and 81 of the JJ Act, 2015. If the petitioner is granted anticipatory bail, she will threaten the complainant and other 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 FIR, complaint and order passed by the Sessions Court.
7. The accusation against this petitioner/accused No.5 is that, along with accused Nos.6 and 7 she made the accused Nos.1 and 2 to give the child of accused No.1 for adoption to accused Nos.3 and 4 without following the procedure of adoption for the consideration of Rs.25,000/. The child alleged to have been given by the accused Nos.1 and 2 to accused Nos.3 and 4 is not orphan, abandoned or surrendered child. Whether the offence under Section 80 of the JJ Act, 2015 is attracted or not is a matter of trial. The offence alleged against the petitioner is not 6 punishable with imprisonment for life. The petitioner is a Asha worker and she can be secured easily for the trial. As the charge sheet is filed, the petitioner is not required for any interrogation. There are no criminal antecedents of the petitioner. The petitioner is a woman aged about 38 years working as an Asha worker residing in Agsalkatta of Haliyal Taluk in Uttar Kannada District. The main apprehension of the prosecution is that, if the petitioner is granted anticipatory bail, she will tamper the prosecution witnesses and flee from justice, could be met with by imposing stringent conditions.
8. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting anticipatory bail subject to certain terms and conditions. Hence, I proceed to pass the following:
ORDER The petition filed under Section 438 of Cr.P.C. is allowed. Consequently, the petitioner/accused No.5 is 7 ordered to be released on bail in the event of her arrest in Crime No.67/2022 of Haliyal Police Station, subject to the following conditions:
i. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the jurisdictional Court or Investigating Officer.
ii. The petitioner shall voluntarily appear before the jurisdictional Court or Investigating Officer within fifteen days from this day and execute bail bond and furnish surety.
iii. The petitioner shall not indulge in tampering the prosecution witnesses.
iv. The petitioner shall attend the Court on all the dates of hearing, unless exempted, and co-operate in speedy disposal of the case.
Sd/-
JUDGE RH