VIJAYKUMAR Vs. STATE

JUDGEMENT

(1.) This petition is filed under Section 439 Cr.P.C. seeking bail in Crime No.40/2019 of Yadgir Rural Police Station for the offences punishable under Sections 370 , 344 , 374 IPC and Sections 16 , 17 and 18 of the Bonded Labour System (Abolition) Act, 1976, Section 14 (A) of the Child Labour Act and Sections 75 and 76 of the Juvenile Justice Act, 2005 on the file of District and Sessions Court at Yadgiri.

(2.) The facts briefly stated are that on the complaint filed by the Assistant Commissioner, Yadgir namely Shankar Gowda, the respondent police have registered the case. The allegations are that on receiving credible information about child labourers and bonded labourers employed in Brick Kiln, the complainant along with two Members of Non-Government Organization and other police officials visited the spot within the limits of Ramsamudra village, Yadgir taluk. It was found that 14 ladies and 12 children including 5 child labourers were working in brick kiln at the said place. On enquiry, it was learnt that they were all treated as bonded labourers and the petitioner is extracting the work without providing proper facility and labour charges. All those victims were rescued by the complainant and other officials and they were sent back to Odisha State. The accused/petitioner is said to be the employer of those labourers who has harassed the victims by keeping them in his illegal custody for the purpose of working in the brick kiln.

(3.) Learned counsel for the petitioner submitted that all those workers in his brick kiln were supplied by CW.11 by name Vaikunt Batra who is the labour contractor of the said employer and there is no offence committed by the petitioner as alleged in the complaint. Due to the detention, the petitioner is put to hardship and injustice.