Karnataka High Court
Mohammed Nisar @ Mister vs State Of Karnataka on 13 August, 2014
Author: R.B Budihal
Bench: R.B Budihal
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 13TH DAY OF AUGUST 2014
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO. 4702 OF 2014
BETWEEN:
SRI. MOHAMMED NISAR @ MISTER
S/O MOHAMMED RAISH AZAM
AGED ABOUT 30 YEARS
R/AT NO.28, MODI ROAD,
D.J.HALLI,
BANGALORE CITY-560045.
(NOW IN JUDICIAL CUSTODY
CENTRAL PRISON, BANGALORE)
... PETITIONER
(BY SRI HASHMATH PASHA, ADVOCATE.,)
AND:
STATE OF KARNATAKA
BY DEVARA JEEVANAHALLI POLICE
BANGALORE-560045.
(REPRESENTED BY LEARNED STATE
PUBLIC PROSECUTOR)
... RESPONDENT
(BY SRI B.J.ESWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER
ON BAIL IN CRIME NO.156/14 OF DEVARAJEEVANAHALLI
P.S, BANGALORE CITY FOR THE OFFENCES P/U/S 344,
370(5), 370, 374 OF IPC 26, 23 OF JUVENILE JUSTICE
ACT, U/S 14 OF CHILD LABOUR (PROTECTION AND
REGULATION ACT AND U/S 16,17, 18 OF BONDED
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LABOUT SYSTEM (ABOLITION) ACT 1976 AND RIGHT TO
EDUCATION ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER
This petition is filed by the petitioner / accused No.4 under Section 439 of Cr.P.C. seeking his release on bail in Crime No.156/14 registered in respondent police station for the offences punishable under Sections 344, 370(A), 374, of IPC and 26, 23 of Juvenile Justice Act u/S 14 of Child Labour (Protection and Regulation Act and U/S 16, 17, 18 of Bonded Labour System (Abolition) Act 1976 and Right to Education Act.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused No.4 and also heard the learned High Court Government Pleader for the respondent-State.
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3. Learned counsel appearing for the petitioner during the course of arguments submitted that earlier also the present petitioner approached this court seeking his release on bail and this court has observed and given the liberty to the present petitioner after completion of investigation and filing of the charge sheet he can renew his request. Learned counsel appearing for the petitioner produced the order passed by this court. The counsel further submitted that now the investigation is completed and charge sheet has been filed and out of alleged offences the offence under Section 370(A) of IPC is punishable with imprisonment for 7 years and other alleged offences are also bail able offences and learned counsel also made the submission that materials produced by the prosecution itself goes to show that they used to be paid by amount and some amount paid to the parents of the children. Learned counsel also made the submission the prosecution material will not goes to show the children's are used as a bonded labour. He also submitted that, according to 4 the case of the prosecution these children's were working in an establishment run by the present petitioner and they were doing stitching cloth bags and also doing tailor work. Hence by imposing any reasonable conditions the petitioner can be enlarged on bail.
4. As against this the learned High Court Government Pleader during the course of his arguments submitted that looking to the allegation in the complaint itself it goes to show that children who have been employed are below the age of 14 years and also alleged in the complaint and in the statement of the witness that the children's were working from morning to till late night and they were not provided with proper facilities and there was no hygienic atmosphere where they were working. He also submitted that the children's were not allowed to go out side and other material placed prima facie goes to show the involvement of the present petitioner in the commission 5 of the alleged offence. Hence he submitted petitioner is not entitle for grant of bail.
5. I have perused the averments made in the bail petition, FIR, complaint, order passed by the Lower Court and also order passed by this Court on bail application and other material produced by the learned counsel appearing for the petitioner along with the petition. Looking to the earlier order passed by this court dated 23rd July 2014 in Criminal Petition No.3535/2014, this court has not expressed any opinion as to the entitlement or otherwise of the petitioner in to be released on bail but considered the merits and on the submission made by the learned Government Pleader that the investigation is still pending, the petition was disposed of with the observation that after completion of the investigation and filing of the charge sheet he can approach this court. It is now submitted by the learned counsel appearing for the petitioner that the investigation is 6 completed and charge sheet has been filed. Charge Sheet material also produced by the learned High Court Government Pleader and learned counsel appearing for the petitioner at Annexure -C, Page-25 of the petition. Perusing the allegation made in the complaint it is no doubt true allegation goes show that the present petitioner is running the said institution wherein children were employed and allegation also goes to show that the petitioner brought the children from Bihar by paying Rs.5,000/- to Rs.6,000/-to the parents of the said children and they were made to work in the institution run by the petitioner and others. It is no doubt true allegation that the children were not provided with the proper food, hygienic shelter at work place and they were exploited and they are working from the morning till night. But looking to the fact that the investigation is already completed and charge sheet has been filed and the offence under Section 370(A), 374, 344 of IPC are not exclusively punishable with death or imprisonment for life and that the petitioner undertakes 7 that he is ready to abide by any conditions to be imposed by this court and as submitted that now the children have already been taken out from the said organization and they were sent to their respective parents. I am of the opinion that by imposing reasonable conditions to secure the present petitioner before the trail court to attend the trial proceedings he can be admitted to bail.
Accordingly, petition is allowed. The petitioner/accused No.4 is ordered to be released on bail in Crime No.156/2014 registered in respondent police station for the offences punishable under Sections 344, 370(A), 374, of IPC and 26, 23 of Juvenile Justice Act u/S 14 of Child Labour (Protection and Regulation Act and U/S 16, 17, 18 of Bonded Labour System (Abolition) Act 1976 and Right to Education Act, subject to the following conditions:-
1. Petitioner to execute a personal bond for Rs.,50,000/-(Rupees Fifty Thousand Only) and to furnish one 8 solvent surety for the likesum to the satisfaction of the concerned Court.
2. Petitioner shall not tamper the prosecution witnesses directly or indirectly
3. Petitioner shall appear before the concerned Court regularly.
Sd/-
JUDGE ra