NAVEENKUMAR K Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are arraigned as accused Nos. 1 and 2 in Crime No. 294/2019 for the offence punishable under Sections 80, 81, 87 of Juvenile Justice (Care and Protection) Act, 2015.

(2.) The allegations are that petitioner No. 2 - Hemalatha and petitioner No.1 are the wife and husband. During the course of converture she delivered a male child on 23.10.2019. As there was nobody to take care of petitioner No. 2 after the delivery and as she was suffering from serious ailments due to post delivery effect, she requested her husband to give the child to somebody who can take care of the child. Infact, the husband told her that without following certain procedures, they cannot give the child to anybody. But, inspite of that, she insisted that to safeguard the interest of the child, the child should be given to somebody who can take care of the child. In this context accused No.1 contacted accused No.3 and he assured that he would see that the child would be given to a proper person who can definitely take utmost care of the child. Accordingly, on 16.12.2019 the said child was given away in the presence of accused No. 3. At the instance of accused No. 3 some persons came near Sri. Venkata Lakshmi Varahaswamy Temple near Janata Bazaar and accused Nos.1 and 2 handed over the said child to those persons who took the child in a car. Thereafter, accused No. 2 - mother felt that the child should not have been given to somebody and she wanted to see the child. As no procedures were followed for the purpose of handing over the child, accused Nos. 1 and 2 requested the police to search and handover the child to them. In that context a case has been registered against the petitioners also for having given the child to accused No. 3 and others without following the strict procedure for adoption of the child as contemplated under the Juvenile Justice (Care and Protection) Act, 2015.

(3.) Looking to the above said facts and circumstances and also the submission made by the learned Government Pleader that now the child is secured and it is in Child Welfare Committee. Now the question is whether without following any procedure the child was given by petitioners to accused No. 3 and others or not has to be examined. Whether it is a serious offence is to be taken note of and petitioners have to be punished for the same. The alleged offences are not punishable either with death or imprisonment for life. Perhaps due to frustration and that they could not able to take care of the child, they might have handed over the child without foreseeing the consequences and that too without following the procedure as contemplated under law.