Case Note & Summary
The petitioner, Darshan T.S., filed an application under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking anticipatory bail in connection with Crime No. 1938/2015 registered at Madivala Police Station, Bengaluru, for an offence punishable under Section 26 of the Juvenile Justice (Care and Protection of Children) Act, 2000. The allegation against the petitioner was that he was running a bakery and sweet stall and had engaged minor children below the age of 16 years to work in hazardous conditions, from morning till night, in an unconducive atmosphere. The learned High Court Government Pleader (HCGP) vehemently opposed the bail application. The court, after hearing both sides and considering the nature of the allegations, the petitioner's lack of criminal antecedents, and his willingness to cooperate with the investigation, allowed the petition. The court granted anticipatory bail subject to conditions including executing a personal bond of Rs. 1,00,000 with two sureties, appearing before the investigating officer as required, not tampering with evidence, and not leaving the jurisdiction without prior permission. The court emphasized that the grant of bail is discretionary and must balance the interests of justice and the rights of the accused.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 Cr.P.C. - Discretionary Relief - Petitioner sought anticipatory bail for alleged offence under Section 26 of Juvenile Justice Act, 2000, for engaging minor children in hazardous bakery work - Court considered nature of allegations, lack of criminal antecedents, and cooperation with investigation - Held that anticipatory bail can be granted subject to stringent conditions to ensure petitioner's presence and non-interference with investigation (Paras 1-5).
Issue of Consideration
Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. for the alleged offence under Section 26 of the Juvenile Justice (Care and Protection of Children) Act, 2000, involving engagement of minor children in hazardous work.
Final Decision
The petition is allowed. The petitioner is granted anticipatory bail subject to conditions: executing a personal bond of Rs. 1,00,000 with two sureties, appearing before the investigating officer as required, not tampering with evidence, and not leaving the jurisdiction without prior permission.
Law Points
- Anticipatory bail
- Section 438 Cr.P.C.
- Section 26 Juvenile Justice (Care and Protection of Children) Act
- 2000
- Hazardous work
- Minor children
- Bail conditions
