Karnataka High Court
Shivarama S/O Mallikarjuna vs The State Of Karnataka on 20 September, 2017
Author: R.B Budihal
Bench: R.B Budihal
1
IN THE HIGH COU RT OF KARNA TAKA
DHARWAD BENCH
DATED TH IS THE 20 T H DAY OF SEPTEMBER 2017
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITIO N NO.101968/2017
BETWEEN:
SHIVARAMA S/O.MALLIKARJUNA
AGE: 39 YEARS ,
R/O.3 R D CROSS, RAMANAGAR,
HAVAMBAVI, BALLARI DIS TRICT.
...PETITIONER.
(BY SRI B. ANWAR BASHA, ADVOCATE.)
AND:
THE S TA TE OF KA RNATAKA ,
(THROUGH BALLA RI RURAL POLICE STA TION) ,
REP. BY S TA TE PU BLIC PROSECU TO R,
HIGH COURT OF KARNATAKA,
DHARWAD.
...RESPONDENT.
(BY SRI PRAVEEN K. UPPAR, HIGH COURT GOVERNMENT
PLEADER.)
THIS CRIM INAL PETITION IS F ILED UNDER SECTION
439 OF CR.P.C., PRAYING TO ALLOW THIS PETITION AND
ENLARGE THE PETITIONER ON BAIL IN CR.NO.132/2017,
REGIS TERED BY RURAL POLICE S TA TION, BALLARI, FOR
THE OFFENCE PU NISHABLE UNDER SECTIONS 3, 4, 5 AND 7
OF ITP ACT AND 370 OF IPC, ETC.,.
2
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This is the petition filed by the petitioner-accused No.4 under section 439 of Cr.P.C., seeking to release him on bail of the alleged offences punishable under Sections 3, 4, 5 and 7 of the Immoral Traffic Prevention Act and also under section 370 of IPC, registered in Crime No.132/2017 of Rural Police Station, Ballari.
2. Brief facts of the prosecution case as per the complaint averments, the complainant is one T.V.Suresh, Deputy Superintendent of Police received a credible information that there are immoral activities at Havambavi in the house of one Khadar; later on he went along with staff and panchas at about 5.30 p.m. and they came near house of Khadar Basha; thereafter they saw that accused persons by name Pavankumar Veeresh, Smt.Khaju, who are accused Nos.1 to 3, respectively, by standing in front of the house inviting 3 the public stating that they have brought the girls and induced them for the prostitution; immediately the complainant rushed to the spot and arrested accused Nos.1 to 5 with the help of their staff, recovered the amount of Rs.7,500/- and 55 condoms, as well as saved the girls who are said to be involved in the said activities. Police have recorded statements of the victim girls, wherein they have stated, accused persons pushed them into the prostitution business and accused No.1 gave accommodation for running the said brothel house. On the basis of the said complaint, a case came to be registered for the said offences.
3. Heard the arguments of the learned counsel appearing for the petitioner-accused No.4 and also the learned High Court Government Pleader for the respondent-State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and also the bail order passed by the learned Sessions Judge, rejecting the bail 4 application of the present petitioner. Learned counsel for the petitioner relied upon the order passed by this Court dated 29.8.2017 passed in Crl.P.No.101793 of 2017 in respect of accused No.5. Looking to the complaint averments and the other prosecution materials, similar set of allegations are made against the present petitioner and the accused No.5. It is the prosecution case that accused Nos.4 and 5 are the customers who went to the brothel house and found in the brothel house at the time of conducting the raid. This Court allowed the petition filed by accused No.5. The alleged offences are not exclusively punishable with death or imprisonment for life. Therefore when the allegations are one and the same as against the petitioner and accused No.5, on the ground of parity, the present petitioner is also entitled to be granted with bail.
5. Accordingly, petition is allowed. The petitioner is ordered to be released on bail in Crime 5 No.132/2017 of Rural Police Station, Ballari, registered for the above said offences, subject to the following conditions:
i. Petitioner has to execute personal bond for a sum of Rs.50,000/- and furnish one solvent surety for the like sum to the satisfaction of concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/-
JUDGE Mrk/-