The present bail application is filed under Section 438, Cr.P.C. seeking anticipatory bail relating to a criminal case in Crime No.1938/15 on the file of the respondent-Madivala police station, a case registered under Section 26 of the Juvenile Justice Act, 2000, (hereinafter referred to as the Act, for brevity).

2. The allegation against the petitioner is that he is running a bakery and sweet stall and had engaged minor children to work in the said bakery and the work so done by the minor children was hazardous in nature. It is alleged that the children employed by the petitioner were below the age of 16 years and they were made to work right from the morning till night, and the atmosphere was not congenial for doing work.

3. Learned HCGP has vehemently opposed the bail application on the ground that prima facie case is forthcoming in regard to the role of this petitioner as per the first information lodged by Smt. Radha, a member of Child Welfare Committee. Therefore he has requested this court to dismiss the bail application.

4. Petitioner is a resident of Bengaluru City and has undertaken to obey any condition that may be imposed upon him. The offence alleged against him is neither punishable with death nor with imprisonment for life and is exclusively triable by the CMM Court. The maximum punishment, if found guilty, could extend upto 3 years. In the light of the same, the petitioner has to be released on bail.

5. Accordingly, the petition filed under Section 438, Cr.P.C. is allowed and anticipatory bail is granted to the petitioner, subject to the following conditions:

a) Petitioner shall be released on bail in the event of his arrest in Crime No.1938/15 of Madivala police station on executing a personal bond in a sum of Rs.50,000/- with one surety for the like sum to the satisfaction of the concerned I.O.

b) He shall cooperate with the I.O. in conducting further investigation, without fail.

c) He shall not hold out threats to the prosecution witnesses or lure them in any manner.

d) Petitioner shall not involve in any criminal activities.

e) He shall attend the respondent police station once in a week on every Sunday between 9.00 a.m. and 5.00 p.m. without fail till the submission of final report.

f) If the petitioner violates any one of the conditions, the prosecution is at liberty to seek for cancellation of bail.

6. On seeing the volume of work in Madivala police station, this court feels that most of the police stations in Bengaluru City are over burdened and as a result of the same, requisite attention cannot be given to investigate the cases effectively.

7. The case on hand is registered by Madivala police station of Bengaluru City. The serial number of the case is FIR No.1938/2015. As on 16.10.2015 the day on which case was registered by the respondent Madivala Police Station, 1,937 cases of various types had been registered in Madivala police station. On seeing the volume of work in Madivala police station, this court is worried as to whether the police personnel could really conduct an effective, thorough and timely investigation of the cases registered in the year 2015 and those criminal cases of earlier years in which investigation is not yet concluded.

8. The Commissioner of Police, Bengaluru City, had been directed to furnish the details of the number of cases registered in various police stations of the Bengaluru Police Commissionerate from 1.1.2015 upto 30.11.2015, staff strength of each police station (both sanctioned strength and actually existing vacancy position) and the types of cases registered during this period. The purpose of soliciting this information is to really find out as to whether the police personnel working in the police stations of the city could really conduct an effective, thorough and timely investigation keeping in mind the interest of the victims of crime.

9. The data furnished by the Commissioner of Police through the Additional Commissioner of Police (Crime) discloses that the Commissio