TOHID Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Crl.P. No.101583/2019 is filed by the accused Nos.2 and 3 and Crl.P. No.101522/2019 is filed by accused Nos.1 and 4 seeking bail in connection with Dharwad Vidyagiri Police Station Crime No.103/2019 for the offences punishable under Section 370 read with Section 34 of IPC and Section 80 of Juvenile Justice (Care and Protection of Children) Act, 2015.

(2.) The facts leading to these petitions are that on the complaint filed by the District Child Protection Officer (DCPO), the respondent-police have registered the case. The allegations are that on 2.7.2019, one Smt. Rekha Narendra, Malamaddi, Dharwad informed the DCPO that she has sold her new born child to accused Nos.2 to 4 on 20.06.2019 and thereafter, when she had gone to the said accused persons to see the child and requested to hand over the same, they have refused to handover the baby and have insisted to pay a sum of Rs.8,000/-. On receiving the said complaint, the DCPO has immediately taken necessary action and also taken custody of the infant child. On the basis of the report filed by the DCPO, the respondent Police have initiated the proceedings and registered the case. Accused Nos.1 to 4 have been arrested on 3.7.2019, since then they are in judicial custody. The bail petitions filed before the Sessions Court were rejected.

(3.) Heard the learned counsel for the petitioners in both the petitions and the learned HCGP for the respondent-State, perused the prosecution papers available at this stage.