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Karnataka High Court

Elizabeth Rani vs The State Of Karnataka on 21 July, 2025

Author: S Vishwajith Shetty

Bench: S Vishwajith Shetty

                                                -1-
                                                             NC: 2025:KHC:27225
                                                         CRL.P No. 7860 of 2025


                   HC-KAR



                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 21ST DAY OF JULY, 2025

                                               BEFORE
                      THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
                             CRIMINAL PETITION NO. 7860 OF 2025
                   BETWEEN:

                      ELIZABETH RANI,
                      W/O LATE ARUL DAS,
                      AGED ABOUT 46 YEARS,
                      R/AT RAILWAY STATION ROAD,
                      K.R. SAGARA, HONGALLI,
                      MANDYA DISTRICT - 571 607.
                                                                  ...PETITIONER
                   (BY SRI. RAVIKUMAR B.K, ADVOCATE)

                   AND:

                      THE STATE OF KARNATAKA
                      MANDYA WEST POLICE
Digitally signed      REP. BY STATE PUBLIC PROSECUTOR
by NANDINI M          HIGH COURT, BENGALURU - 560 001.
S
Location: HIGH                                                   ...RESPONDENT
COURT OF
KARNATAKA          (BY SMT. ASMA KOUSER, ADDL. SPP)

                          THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483
                   BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE
                   PETITIONER    /   ACCUSED    NO.1    ON   REGULAR   BAIL   IN
                   CR.NO.75/2025 FILED BY MANDYA WEST POLICE MANDYA
                   DISTRICT PENDING AT PRL.CIVIL JUDGE (SR.DN) AND C.J.M
                   COURT MANDYA DISTRICT FOR THE OFFENCE P/U/S 3, 4, 5, 6,
                                 -2-
                                              NC: 2025:KHC:27225
                                          CRL.P No. 7860 of 2025


 HC-KAR



7 OF IMMORAL TRAFFIC PREVENTION ACT AND SEC.143 OF
BNS 2023.

        THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM:       HON'BLE MR. JUSTICE S VISHWAJITH SHETTY


                           ORAL ORDER

Accused No.1 in Crime No.75/2025 registered by Mandya West Police Station, Mandya for the offence punishable under Sections 3, 4, 5, 6, 7 of Immoral Traffic Prevention Act, 1956 and Section 143 of Bharatiya Nyaya Sanhita 2023, is before this Court under Section 483 of BNSS 2023 seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.75/2025 was registered by Mandya West Police Station, Mandya for the aforesaid offences against the owner of the Massage Parlour and owner of the building of the Massage Parlour, Mandya based on the first information dated 17.05.2025 received from Naziya Banu, Social Worker, Mysore.

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NC: 2025:KHC:27225 CRL.P No. 7860 of 2025 HC-KAR

4. During the course of investigation of the case, the petitioner herein was arrested on 17.05.2025 and subsequently, her bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.407/2025 is rejected on 29.05.2025. Therefore, she is before this Court.

5. Learned counsel for the petitioner submits that the investigation of the case is already completed. Petitioner is a married lady. She is in custody for more than two months. The offences alleged against the petitioner are neither punishable with death nor with imprisonment for life. Accordingly, he prays to allow the petition.

6. Per contra, the learned Addl. State Public Prosecutor who has opposed the bail petition submits that similar case was earlier registered against the petitioner and after she was released on bail in the said case, she was involved in this case. Accordingly, she prays to dismiss the petition.

7. First information was submitted by one Nazia Banu on 17.05.2025 alleging that in the name of Massage Parlour, illegal prostitution business was carried on in the building within -4- NC: 2025:KHC:27225 CRL.P No. 7860 of 2025 HC-KAR the jurisdiction of Mandya West Police Station. It is in these circumstances, FIR was registered against the owner of the Massage Parlour and owner of the building for the aforesaid offences and in the raid that was held subsequently, the petitioner was arrested. From the Massage Parlour owned by the petitioner, three ladies were rescued and petitioner who was found in the premises was arrested and subsequently remanded to judicial custody. It appears that similar case was registered against the petitioner in Crime No.44/2024 and in the said case, the petitioner was granted bail. In the present case, learned Additional State Public Prosecutor has fairly submitted that investigation is already completed and charge sheet is ready. The petitioner is a married lady and she is in custody for more than two months. It appears from the records that the victims are also married ladies. The alleged offences are not exclusively punishable either with death or imprisonment for life. Considering the above said aspects and also having regard to the proviso to Section 480 of BNSS, 2023, the prayer made by the petitioner for grant of bail needs to be answered affirmatively. Accordingly, the following: -5-

NC: 2025:KHC:27225 CRL.P No. 7860 of 2025 HC-KAR ORDER The criminal petition is allowed. The petitioner is directed to be enlarged on bail in in Crime No.75/2025 registered by Mandya West Police Station, Mandya for the offence punishable under Sections 3, 4, 5, 6, 7 of Immoral Traffic Prevention Act and Section 143 of Bharatiya Nyaya Sanhita 2023, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future.

Sd/-

(S VISHWAJITH SHETTY) JUDGE SNC List No.: 1 Sl No.: 64 CT: BHK