Case Note & Summary
The petitioners, accused Nos. 1 and 2 in Crime No. 288/2014 registered at Chamarajpet Police Station, Bangalore, filed a petition under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail. The offences alleged include Sections 370 and 370A of the Indian Penal Code, 1860 (IPC), Sections 3 and 14 of the Child Labour (Prohibition & Regulation) Act, 1986, and Sections 23 and 25 of the Juvenile Justice Act, 1986. The petitioners' bail application had been dismissed by the Additional City Civil & Sessions Judge, Bangalore on 2.2.2015 in Crl.Mis.Nos.1/2015 and 2/2015. The High Court considered the nature of the allegations and the fact that the petitioners were not required for any custodial investigation. The court noted that the petitioners had no criminal antecedents and that the alleged offences were not punishable with death or life imprisonment. Consequently, the court allowed the petition and granted anticipatory bail to the petitioners subject to certain conditions, including that they shall appear before the investigating officer as and when required and shall not tamper with evidence or influence witnesses.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Custodial Investigation - Petitioners are not required for custodial investigation as they have no criminal antecedents and the alleged offences are not punishable with death or life imprisonment - Held that anticipatory bail can be granted subject to conditions (Paras 2-4).
Issue of Consideration
Whether the petitioners, accused of offences under Sections 370, 370A IPC, Sections 3 and 14 of the Child Labour (Prohibition & Regulation) Act, 1986, and Sections 23 and 25 of the Juvenile Justice Act, 1986, are entitled to anticipatory bail under Section 438 CrPC.
Final Decision
Petition allowed. Petitioners are granted anticipatory bail subject to conditions: they shall appear before the investigating officer as and when required, shall not tamper with evidence or influence witnesses, and shall execute a personal bond of Rs. 1,00,000/- each with one surety.
Law Points
- Anticipatory bail
- Section 438 CrPC
- Human trafficking
- Child labour
- Custodial investigation
- Criminal antecedents
