SANNASOMANNARA SOMASHEKARAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) SINCE these petitions arise out of common facts and allegations they have been taken up together for common disposal.

(2.) IN these petitions the petitioners have sought for quashing the entire proceedings pending before the executive magistrate / assistant commissioner. Davangere for the offence punishable under s. 16 of the bonded labour system (abolition) act. 1976 (for short 'the act') pending in ease nos mag (2) cr : 22/01-02 arid mac, (2) cr: 23 / 01-02.

(3.) THE brief facts are that the petitioners in these two petitions are said to be accused persons alleged to have committed the of fence under s. 16 of the Act, as narrated in crl. Petition No. 3577/02 on 24-9-01 the deputy commissioner of davangere district had freed four children who were alleged to have been working as bonded labourers with the petitioners and directed the revenue inspector of kasaba hobli, davangere taluk to register a case against the petitioners. As per the said direction, the revenue inspector registered a case before the vidyanagar police station, davangere against the petitioners. On receiving the complaint, the police recorded sworn statement of the children on 25-9-2001. It is the further case of the prosecution that the petitioners had approached the parents of the children and paid advance to them and in turn, the children had to render service for a period of one year and graze cattle. Food and clothes were provided to the children who were working with the petitioners. Later the children were freed and admitted to dan basco school at davangere. Thereafter, after investigation case has been filed against the petitioners for the offence under s. 16 of theact.