Karnataka High Court
Syed Fayaz vs State By Devarajeevana Halli on 23 June, 2014
Author: R.B Budihal
Bench: R.B Budihal
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 23RD DAY OF JUNE 2014
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.3356 OF 2014
BETWEEN:
SYED FAYAZ
S/O. LATE SYED KHALEEL
AGED ABOUT 48 YEARS
R/AT NO. 20/B
MODERN LAYOUT
BANGALORE-560045.
... PETITIONER
(BY SRI TAHIR, ADV.)
AND:
STATE BY DEVARAJEEVANA HALLI
POLICE STATION
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT COMPLEX BUILDING
BANGALORE-560001.
... RESPONDENT
(BY SRI B. J. ESWARAPPA, H.C.G.P.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CRIME NO.156/2014 OF DEVARAJEEVANAHALLI P.S.,
BANGALORE CITY, FOR THE OFFENCES P/U/S 16, 17, 18 OF
BONDED LABOUR SYSTEM (ABOLITION) ACT AND U/S 370A, 370,
374, 344 OF I.P.C. AND U/S 26, 23 OF JUVENILE JUSTICE ACT
AND U/S 14 OF CHILD LABOUR (PROHIBITION AND
REGULATION) ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER
This is the petition filed by the petitioner / accused No.8 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 16, 17, 18 of the Bonded Labour System (Abolition) Act and under Sections 370, 374 and 344 of I.P.C. and also under Sections 26 & 23 of the Juvenile Justice Act and Section 14 of the Child Labour (Prohibition and Regulation) Act registered by the respondent - Police Station in Crime No.156/2014.
2. Heard the arguments of the learned counsel for the petitioner / accused No.8 and also the learned High Court Government Pleader for the respondent - State.
3. I have perused the averments made in the bail petition, F.I.R., complaint and other materials placed on record.
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4. The facts of the case in brief as per the averments made in the complaint that on 28-4-2014 at about 9.00 a.m. when the complainant - Police Officer attached to Women and Narcotic Squad was in Office, one person introduced himself as Sri Vinodkumar, Office bearer of N.G.O. Justice and Care gave a credible information with regard to engaging the service of child labours, who are brought from Nepal and other states and indulging them in bonded labour without basic needs and exploiting them at Fayaz's building. Then immediately, the complainant along with the Staff and the Official of the N.G.O. conducted raid in the said place and came to know that the children here of different age as mentioned in the F.I.R. were engaged in manufacturing the bags and they were not provided with basic amenities and not allowed to go outside.
5. On the basis of the same, complaint has been registered for the alleged offences. Perusing the material 4 collected by the Investigating Officer during investigation, it goes to show that the present petitioner, who is arraigned as accused No.8 is the owner of the said building and he has entered Rental Agreement on 4-6-2013 with the tenant one Sri Mohammed Nisar. It is the contention of the learned counsel for the petitioner herein that the present petitioner is not at all involved in exploiting the children nor he has used their services and he has not at all involved in the activity of manufacturing the bags. He was only the owner of the building with the Rental Agreement and gave the building for other accused person. He also made the submission that looking to the age of the children, many of the children are above the age of 14 years also. He made the submission that in so far as the alleged offences are concerned, there is no connecting link for the present petitioner in the commission of the alleged offences. He also submitted that the alleged offences under Juvenile Justice Act are not at all applicable to the present case. 5 Even then, the Investigating Officer alleged that offences are committed under Juvenile Justice Act also.
6. It is no doubt true that the material collected goes to show that the children brought from Nepal and Bihar and there is allegation that the accused persons giving assurance to the parents of the children that they will pay handsome salary to the children, brought the children and by using them as a bonded labour, the accused person exploited the children without providing the basic amenities, but the said allegations are prima- facie as against the other accused persons. But so far as the present petitioner is concerned, he is the owner of the building and entered into Rental Agreement and gave the building to other accused persons and the matter, whether he was party to the other allegation along with other accused persons or not is a matter to be ascertained during the course of the trial. Looking to the alleged offences, they are also not exclusively punishable 6 with death or imprisonment for life. Therefore, by imposing stringent conditions to secure the presence of the present petitioner before the Investigating Officer for further investigation and also before the concerned Trial Court, he can be admitted to bail. Accordingly, the petition is allowed.
The petitioner / accused No.8 is ordered to be released on bail for the alleged offences punishable under Sections 16, 17, 18 of the Bonded Labour System (Abolition) Act and under Sections 370, 374 and 344 of I.P.C. and also under Sections 26 & 23 of the Juvenile Justice Act and Section 14 of the Child Labour (Prohibition and Regulation) Act registered by the respondent - Police Station in Crime No.156/2014, subject to the following conditions:- 7
(i) Petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) and to furnish one local solvent surety for the likesum to the satisfaction of the concerned Court;
(ii) Petitioner shall not directly or indirectly tamper with any of the prosecution witnesses; and
(iii) Petitioner shall appear before the concerned Court regularly.
Sd/-
JUDGE kvk