[Child selling case] Karnataka HC grants pre-arrest bail to nurse
Allegedly, the newborn girl child was sold for Rs. 1,70,000. However, soon after the sale, the newborn's mother requested the nurse to get her baby back.
The Karnataka High Court recently granted anticipatory bail to a nurse in a child-selling case. The allegation against the nurse is that she acted as a mediator between the mother and the purchaser for the sale of a newborn girl child.
The bench of Justice Shivashankar Amarannavar observed that there was no specific averment in the complaint that the accused nurse had facilitated the sale of the newborn. Therefore, considering the facts and circumstances of the case, court allowed the bail application.
The case came to light when the Child Development Project Officer (CDPO), Ankola filed a complaint stating that in September this year, a woman, soon after giving birth to a girl child, sold the baby with the help of the hospital nurse for Rs.1,00,000 by cash and Rs.70,000 by cheque.
It was mother's version that she was suffering from financial problems and was in need of financial help. Therefore, since owing to her poverty, she could not look after her child, therefore, she was ready to give her child to anyone who was willing to take the child in. She alleged that the nurse helped her find the purchaser.
However, on the same day when the woman gave away her child, she requested the nurse to get it back. Thereafter, when insisting for four more days but to no avail, the woman informed the CDPO about the incident.
Thereafter, a case was registered for the offences punishable under Sections 80 and 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 317 read with Section 34 of IPC against the mother of the newborn, the nurse, and the purchaser.
Seeking grant of anticipatory bail, the nurse moved the high court. Her counsel contended that there was no allegation against her that she mediated the sale and also, the offence alleged against her were not punishable with death or imprisonment for life.
Therefore, stressing that the nurse was ready to co-operate with the police in the investigation, her counsel prayed the court to allow the bail.
Court granted bail to the nurse on her executing a personal bond for a sum of Rs.1,00,000 with one surety for the likesum to the satisfaction of the Investigating Officer.
Case Title: ASHWINI GANAPATI HARIKANTRA v. STATE OF KARNATAKA