Karnataka High Court
Sri Satish Govind Naik vs State Of Karnataka Through on 19 May, 2022
Author: H.P.Sandesh
Bench: H.P.Sandesh
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MAY, 2022
BEFORE
THE HON'BLE MR.JUSTICE H.P.SANDESH
CRIMINAL PETITION NO.4368 OF 2022
BETWEEN:
1. SRI SATISH GOVIND NAIK
S/O GOVINDMANJAPPA NAIK
AGED ABOUT 35 YEARS
HOTE BUSINESS
PERMANENT RESIDENT OF GORATE VILLAGE
BHATKAL TALUK
UTTAR KANNADA DISTRICT - 581320
2. VIKARAN NARAYANA NAIK @ VIKARAM
S/O NARAYAN NAIK
AGED ABOUT 42 YEARS
HOTEL BUSINESS
PERMANENT RESIDENT OF:GORATE VILLAGE
BHATKAL TALUK
UTTAR KANNADA DISTRICT - 581320
BOTH ARE NOW RESIDING AT
NO.501, SAISHRINITY APARTMENT
2, DWARAKANAGAR, JANASHKATHI NAGAR CROSS
HOSAKEREHALLI, BANASHANKARI 3RD STAGE
BENGALURU - 560085
...PETITIONERS
(BY SRI. K.B.K. SWAMY, ADV.)
2
AND:
STATE OF KARNATAKA THROUGH
THE GIRINAGAR POLICE STATION
BENGALURU
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT
BENGALURU 586001
... RESPONDENT
(BY SMT. RASHMI JADHAV, HCGP )
THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C.
PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CRIME
NO.108/2022 REGISTERED BY THE GIRINAGAR POLICE
STATION, BENGALURU, FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 3, 4, 5 OF THE IMMORAL TRAFFIC
(PREVENTION) ACT, 1956 AND SECTION 370 OF IPC, PENDING
ON THE FILE OF XXXII ACMM, BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:-
ORDER
This petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners/accused on bail in Crime No. 108/2022 registered by the Girinagar Police Station, Bengaluru, for the offence punishable under Sections 3, 4, 5 of the Immoral Traffic 3 (Prevention) Act, 1956 (for short, 'the ITP Act') and Section 370 of IPC, pending on the file of XXXII ACMM, Bengaluru.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the State.
3. The factual matrix of the case of the prosecution is that based on the information, the police conducted the raid on the flat No.501 of the Saishree Trinity Apartment at Dwraka Nagar, Hosakerehalli, Bengaluru, wherein they found two customers along with two victims and these two petitioners were also taken to custody on the same day and produced before the Court and they are in custody from 15.04.2022 and the police are conducting the investigation and are yet to file the charge- sheet.
4. Learned counsel appearing for the petitioners submitted that these petitioners have never indulged in such act and only false case has been registered and recovery is also only an amount of Rs.500/- which was paid by decoy witness and victims also have not given any complaint. Learned counsel 4 sought to allow this petition and grant bail and submitted that these petitioners are ready to abide by any conditions that may be imposed by this Court.
5. Per contra, learned High Court Government Pleader appearing for the State would submit that victim girl was secured on the pretext of getting a job and later subjected for prostitution act and these two petitioners, taking the premises for rental purpose, were using the same as brothel and making wrongful gain and thus committed offence under Section 366 and as well Sections 3, 4, 5 of the ITP Act and hence, they are not entitled for bail.
6. Having heard the respective learned counsel and also upon perusal of the material on record, the case of the prosecution is that decoy went with money of Rs.500/- and thereafter he gave the signal and based on the signal, raid was conducted in the apartment and they found two customers and two victims apart from these petitioners and they all were apprehended. Taking note of the offences which were alleged against the petitioners herein and whether they indulged in 5 committing an offence under Section 370 of ITP Act has to be investigated and already these petitioners are in custody from 15.04.2022. When such being the case and the offence is also not punishable for death or life imprisonment, it is appropriate to enlarge the petitioners on bail by imposing conditions.
7. In view of the above discussions, I pass the following:
ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in Crime No. 108/2022 registered by the Girinagar Police Station, Bengaluru, for the offence punishable under Sections 3, 4, 5 of the Immoral Traffic (Prevention) Act, 1956 (for short, 'the ITP Act') and Section 370 of IPC, pending on the file of XXXII ACMM, Bengaluru, subject to the following conditions:-
(i) Each of the petitioners shall execute his personal bond for a sum of Rs.2,00,000/-
(Rupees Two Lakhs only) with two sureties for 6 the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against them is disposed of.
Sd/-
JUDGE sac*