Karnataka High Court
Noushad vs State Of Karnataka on 16 September, 2014
Author: R.B Budihal
Bench: R.B Budihal.
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IN THE HIGH COURT OF KARNATAKA AT
BANGALORE
DATED THIS THE 16TH DAY OF SEPTEMBER 2014
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL. R.B
CRIMINAL PETITION NO.5369/2014
BETWEEN:
1. Noushad,
S/o. Mohammed Pasha,
Aged about 40 years,
R/at No.183/2, Modi Road,
Joseph Garden, D.J. Halli,
Bangalore-560 045.
2. Mohammed Alulla @ Mohammed Waliullah,
S/o. Mahammed Jamalluddin,
Aged about 35 years,
R/at 829/2, Devara Jeevanahalli,
Modi Road left side,
Bangalore North (Addl.)
Bangalore-560 045. .. PETITIONERS
(By Sri. Hashmath Pasha, Adv.)
AND:
State of Karnataka,
By Devara Jeevanahalli Police,
Bangalore-560 045.
Represented by learned State
Public Prosecutor. .. RESPONDENT
(By Sri. K. Nageshwarappa, , HCGP)
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This Criminal Petition is filed under Section 438 of
Cr.P.C. praying to enlarge the petitioners on bail in the
event of their arrest in Cr. No.159/2014 of
Devarajeevanahalli P.S., Bangalore City, for the offences
P/U/Ss 370(5), 370(A), 374, 344 of IPC and under
Sections 26, 23 of Juvenile Justice Act, under Section
14 of Child Labour (Prohibition and Regulation) Act, and
under Sections 16, 17, 18 of Bonded Labour System
(Abolition) Act, 1976 and Right to Education Act.
This Criminal Petition coming on for orders this
day, the Court made the following:
ORDER
Heard the learned counsel for the petitioners and the learned Government Pleader on I.A.No.1/2014. Perused the application and the same is allowed.
2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondent- State on the main petition also.
3. This petition is filed by petitioners/accused Nos.2 and 3 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent-police to release the petitioners on bail in the event of their arrest 3 for the alleged offences punishable under Sections 16, 17 and 18 of the Bonded Labour System (Abolition) Act, 1976 and under Sections 370A, 374, 344 of IPC and under Sections 26 and 23 of the Juvenile Justice (Care and Protection of Children) Act and under Section 14 of the Child Labour (Prohibition and Regulation) Act, 1986 registered in respondent-police station Crime No.159/2014.
4. Earlier petitioners have approached this Court seeking anticipatory bail and this Court by order dated 23.7.2014 passed in Crl.P.No.3532/2014 c/w Crl.P.No.3583/2014 has rejected the said bail petition holding that investigation is still going on and liberty was given to the petitioners to renew their request after completion of investigation and filing of charge sheet. . Learned counsel for the petitioners herein has produced the said order as per Annexure 'D'. I have perused the same.
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5. It is also the contention of the learned counsel for the petitioners that now the investigation is completed and charge sheet has been filed. After filing of charge sheet, accused No.1 has approached this Court and after considering the merits of the case, this Court has already granted bail to accused No.1. Learned counsel has also produced the copy of the said order dated 26.8.2014 passed in Crl.P.No.5005/2014 c/w 5006/2014 and 5007/2014. I have perused the copies of the said order. I have also perused the objection statement filed by counsel for the complainant.
6. The materials at this stage shows that the children who were working in the said establishment were already taken out by the Investigating Officer and have been handed over to their respective parents. The alleged offences are also not exclusively punishable with death or imprisonment for life. As the investigation is completed and charge sheet has been filed, by imposing 5 reasonable conditions, so also on the ground of parity, petitioners can be admitted to anticipatory bail.
7. Accordingly, petition is allowed. The respondent-police are directed to release the petitioners on bail in the event of their arrest for the alleged offences under Sections 16, 17 and 18 of the Bonded Labour System (Abolition) Act, 1976 and under Sections 370A, 374, 344 of IPC and under Sections 26 and 23 of the Juvenile Justice (Care and Protection of Children) Act and under Section 14 of the Child Labour (Prohibition and Regulation) Act, 1986 registered in respondent-police station Crime No.159/2014, subject to the following conditions:
(i) Each petitioner shall execute a personal bond for a sum of Rs.50,000/- and furnish one solvent surety for the like sum to the satisfaction of the concerned Court.
(ii) They shall not tamper with any of the prosecution witnesses directly or indirectly.
(iii) They shall make themselves available before the Investigating Officer for interrogation whenever called for.6
(iv) They shall appear before the concerned Court within 30 days from the date of this order and to execute personal bond and also surety bond.
Sd/-
JUDGE bkp