Karnataka High Court
Siddesha vs The State Of Karnataka on 2 November, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:38945
CRL.P No. 8520 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 8520 OF 2023
BETWEEN:
SIDDESHA
S/O THIMMABOVI
AGED ABOUT 28 YEARS
KALENAHALLI HATTI VILLAGE
KASABA HOBLI, ARASIKERE TALUK
HASSAN DISTRICT - 573 201.
...PETITIONER
(BY SRI PRATHEEP K.C, ADV.)
AND:
THE STATE OF KARNATAKA
REP BY ARASIKERE TOWN POLICE
HASSAN DISTRICT, REP BY ITS
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE - 560 001.
...RESPONDENT
(BY SRI RAHUL K RAI, HCGP)
Digitally
signed by
NANDINI THIS CRL.P FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE
MS
PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN
Location:
High Court CR.NO.28/2023 REGISTERED BY ARASIKERE TOWN POLICE
of Karnataka
STATION, HASSAN FOR THE OFFENCE P/U/S 365, 368, 370, 371,
374, 324, 344 R/W 34 OF IPC AND SECTION 18 AND 19 OF BONDED
LABOR SYSTEM (ABOLITION) ACT, PENDING ON THE FILE OF CIVIL
JUDGE (SR.DN.) AND J.M.F.C., ARASIKERE, HASSAN DISTRICT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2023:KHC:38945
CRL.P No. 8520 of 2023
ORDER
Accused no.1 in Crime No.28/2023 registered by Arsikere Town Police Station, Hassan District for the offences punishable under Sections 365, 368, 370, 371, 374, 324, 344 R/w 34 of IPC and Sections 18 and 19 of Bonded Labour System (Abolition) Act 1976 of IPC is before this Court under Section 438 of Cr.P.C.
2. Heard the learned Counsel appearing for the petitioner and learned High Court Government Pleader for respondent - State.
3. It is the case of prosecution that complainant Imran Ulla S/o Fayaz Ahammed had approached the police on 05.02.2023 and lodged a complaint stating that on 14.02.2022 at about 1:30 p.m., when he was walking towards Arsikere Railway Station, accused no.1 had approached him and assured him that he will provide a job and also pay a sum of Rs.500/- as salary per day. However, thereafter he had confined him in a shed along with Shivaraj (CW2) and had not provided proper food to the complainant and Shivaraj and they were forced to do work in their fields. It is also alleged that the accused persons had not made any payment for the work done by the -3- NC: 2023:KHC:38945 CRL.P No. 8520 of 2023 complainant and Shivaraj. It is in this background complainant had approached the police and lodged a complaint which had resulted in registering FIR in Crime 28/2023. The investigation in the case is complete and charge sheet has been filed. Apprehending arrest in the said case, the petitioner had approached the Trial Court in Crl.Misc.No.573/2023 which was dismissed on 05.06.2023. Therefore, he is before this Court.
4. Learned counsel appearing for the petitioner having reiterated the grounds urged in the petition submits that the offences punishable under Sections 365, 368, 370, 371, 374, 324, 344 R/w 34 of IPC would not be attracted against the accused having regard to the nature of allegation. The alleged offences are not exclusively punishable with death or with imprisonment for life. Investigation in the case is complete and charge sheet has been filed. Therefore, he prays to allow the petition.
5. Learned HCGP has opposed the bail application. He submits that the petitioner was absconding and he is not cooperating with the investigating officer. Therefore, he is not entitled for the relief under section 438 of Cr.P.C. -4-
NC: 2023:KHC:38945 CRL.P No. 8520 of 2023
6. From a reading of the complaint averments it is seen that, the complainant has alleged that on 14.02.2022 the petitioner had approached the complainant and assured him that he will provide employment and also pay a sum of Rs.500/- per day. The allegation of the complainant is that thereafter the petitioner had confined him in a shed in the property belonging to Shivanna and he was made to work along with Shivaraj (CW2) and for the work done by them, the accused person allegedly had not made any payment. Investigation in the case is complete and charge sheet has been filed. Accused nos. 2 and 3 were arrested in the case and subsequently released on bail. As rightly contended by the learned counsel for the petitioner, the alleged offences against the petitioner are not exclusively punishable with the death or with life imprisonment. Considering the nature of allegation made in the complaint as well as in the charge sheet, I am of the view that the petitioner who has no criminal antecedents and who is an agriculturist by avocation is entitled for the relief of anticipatory bail.
Accordingly, the petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed -5- NC: 2023:KHC:38945 CRL.P No. 8520 of 2023 to release the petitioner in the event of his arrest in Crime No.28/2023 registered by Arsikere Town Police Station, Hassan District for the offences punishable under Sections 365, 368, 370, 371, 374, 324, 344 R/w 34 of IPC and Sections 18 and 19 of Bonded Labour System (Abolition) Act 1976 subject to the following conditions:
a. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the investigating officer.
b. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
c. The petitioner shall not tamper with the prosecution witness and he shall co- operate with the police for investigation and appear before them whenever called upon till filing of charge sheet/final report.
Sd/-
JUDGE NMS