Mumbai, September 22nd, 2022 – The Sessions Court for Greater Bombay has granted bail to Chitra Karthik, a 24-year-old resident of Tamil Nadu, arrested in connection with a case involving the alleged sale of a child for adoption. The court, presided over by Additional Sessions Judge S.D. Kulkarni, allowed the bail application, citing the lack of evidence to support charges of human trafficking and the accused’s limited role in the alleged offense.
Karthik was arrested in connection with C.R. No. 03 of 2022, registered at the V.P. Marg Police Station, under Sections 363 (kidnapping), 370(4) (trafficking of a person) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code, and Sections 81 and 87 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
According to the applicant’s defense, presented by Advocate Tripathi, she was led to believe that the child was available for legal adoption. She claimed no knowledge of any sale or purchase of the baby or any money involved. She believed the child’s biological father was present and acted in good faith to facilitate the transfer of the child, assisting her friend Laxmi in the adoption process. She denied any involvement in demanding or receiving money and stated she has no prior criminal record.
The prosecution, represented by Additional Public Prosecutor Lade, opposed the bail, arguing that Karthik played a vital role in the alleged sale of the child. They expressed concerns about witness intimidation and noted that another accused, Priya, was still absconding.
Judge Kulkarni, in his order, addressed the applicability of Section 370(4) of the IPC, which pertains to human trafficking. He noted that the charge sheet did not allege that the child was sold for exploitation, including sexual exploitation, slavery, or organ removal. Instead, evidence indicated that the child was received by Jaikumar Shanmughda Sundaram for adoption, as he was childless.
“The intention of the accused is not for human trafficking,” Judge Kulkarni stated. “The requirement of section 370(4) of IPC is the exploitation of a person and exploitation by using threat, forged, abduction practice of fraud or abuse of power. Here in this case it is come on record that lastly child baby received from last accused, he has taken the custody of child baby for adoption as he is childless. Therefore, exploitation of baby is not at all come on record.”
The court also considered Karthik’s limited role in the alleged offense, the lack of any financial recovery from her, and the fact that co-accused with similar roles were granted bail. The court also cited the charge sheet being filed, which lessened the chance of evidence tampering and Karthik’s permanent residence in Tamil Nadu which reduced the risk of her absconding.
“The co-accused has played similar role are released on bail therefore the ground of parity is also applicable to the accused,” Judge Kulkarni noted.
Consequently, the court granted bail to Chitra Karthik, subject to the following conditions:
- Personal Bond (P.B.) and Surety Bond (S.B.): Karthik must execute a P.B. and S.B. of Rs. 50,000/- with one or two sureties.
- No Tampering with Evidence: She must not tamper with prosecution witnesses or evidence.
- Provisional Cash Bail: Provisional cash bail in the like amount is allowed, with a four-week deadline to furnish the surety, failing which the cash bail will be forfeited.
- Travel Restrictions: She must not leave India without prior court permission.
The court’s decision highlights the importance of establishing the element of exploitation in human trafficking cases and the consideration of parity in bail applications. The V.P. Marg Police Station will continue with its investigation.