Karnataka High Court
Shivaraj vs State Of Karnataka on 28 November, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:43092
CRL.P No. 11465 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 11465 OF 2023
BETWEEN:
1. SHIVARAJ
S/O LATE SHIVANNA
AGED ABOUT 28 YEARS
R/AT NO.149, REDDY BUILDING
5TH MAIN, MEI LAYOUT
BAGALAGUNTE
BENGALURU - 560 073.
2. UMESHA
S/O SOMASHEKHAR
AGED ABOUT 24 YEARS
R/AT NO.149, REDDY BUILDING
5TH MAIN, MEI LAYOUT
BAGALAGUNTE
BENGALURU - 560 073.
3. BASAVARAJ
Digitally signed S/O LATE SHANKARE GOWDA
by B A
KRISHNA AGED ABOUT 22 YEARS
KUMAR R/AT NO.149, REDDY BUILDING
Location: HIGH
COURT OF 5TH MAIN, MEI LAYOUT
KARNATAKA BAGALAGUNTE
BENGALURU - 560 073.
4. VIBHUTHI ROY
S/O RAJKUMAR ROY
AGED ABOUT 26 YEARS
R/AT NO.149, REDDY BUILDING
5TH MAIN, MEI LAYOUT
BAGALAGUNTE
BENGALURU - 560 073.
...PETITIONERS
(BY MISS DEEPTHI SHETTY, ADV., FOR
SRI DHANANJAY KUMAR, ADV.)
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NC: 2023:KHC:43092
CRL.P No. 11465 of 2023
AND:
STATE OF KARNATAKA
BY BAGALGUNTE P.S
PEENYA SUB DIVISION
REP BY SPP, HIGH COURT OF
KARNATAKA, BENGALURU - 561 002.
...RESPONDENT
(BY SRI JAIRAM SIDDI, HCGP)
THIS CRL.P FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN 363/2023 OF BAGALAGUNTE P.S.,
BENGALURU CITY FOR THE OFFENCE P/U/S 5,3,4 OF IMMORAL
TRAFFIC PREVENTION ACT AND SEC.370,370A(2),370(3),34 OF IPC
AND SEC.66 OF I.T ACT ON THE FILE OF THE 31ST ADDL.C.M.M
COURT NRUPATUNGA ROAD, BENGALURU CITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. Accused nos.3 to 6 in Crime No.363/2023 registered by Bagalagunte Police Station, Bengaluru City, for the offences punishable under Sections 370, 370A(2), 370(3), 34 IPC, Sections 3, 4, 5 of Immoral Traffic Prevention Act, 1956, and Section 66 of the Information Technology Act, 2000, are before this Court under Section 439 Cr.PC.
2. Heard the learned Counsel for the parties.
3. On the basis of the report dated 10.10.2023 submitted by Hanumantharay, Sub-Inspector of Police, CCB Women Protection Wing, Bengaluru, the Station House Officer of -3- NC: 2023:KHC:43092 CRL.P No. 11465 of 2023 Bagalagunte Police Station, Bengaluru, has registered FIR in Crime No.363/2023 against six persons for the aforesaid offences. In the report, it is averred that the informant had received a credible information on 10.10.2023 at about 5.00 p.m., to the effect that in the first floor of house bearing No.149, situated at 5th Cross, MEI Layout, Bagalagunte, Bengaluru - 560 073, some persons were indulged in illegal activities of prostitution and based on such information, the informant along with his staff had conducted a raid to the said house and had apprehended the accused persons who were six in number and also had rescued four ladies who were found in the said house. Subsequently, the apprehended accused and the rescued ladies were brought to the police station and FIR in Crime No.363/2023 was registered. The apprehended accused were produced before the jurisdictional court and remanded to judicial custody. Petitioners herein who were arrayed as accused nos.3 to 6 in the case, had filed Crl. Misc. No.10125/2023 before the Court of XLV Addl. City Civil & Sessions Judge, Bengaluru City, which was dismissed as against them on 25.10.2023. Therefore, they are before this Court.
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4. Learned Counsel for the petitioners having reiterated the grounds urged in the petition submits that the alleged offences are not exclusively punishable with life imprisonment or death. Petitioners are in custody from 10.10.2023. Major portion of the investigation is completed. The rescued ladies are majors and they have not stated that they were forcibly brought to Bengaluru for the purpose of illegal business of prostitution. He, accordingly prays to allow the petition.
5. Per contra, learned HCGP has opposed the petition.
6. The material on record would go to show that on receipt of credible information, the informant along with his staff had raided the first floor of the building in which the business of illegal prostitution was being conducted by the accused persons. From the said house, petitioners herein and other accused were arrested and four ladies were allegedly rescued. The material available on record would go to show that the rescued ladies are majors and they have not stated before the police that they were induced or forcibly brought to Bengaluru for the purpose of prostitution. Even according to the prosecution, the house in which the raid was conducted was -5- NC: 2023:KHC:43092 CRL.P No. 11465 of 2023 taken on rent by accused no.1. The allegation against the accused persons is that they were displaying the photographs of ladies in their website and were contacting their customers for the purpose of illegal business of prostitution. The alleged offences are neither exclusively punishable by death or life imprisonment. Major portion of the investigation in the case is completed. Petitioners who have no criminal antecedents are in custody from 10.10.2023. Under the circumstances, I am of the opinion that the petitioners have made out a case for grant of regular bail. Accordingly, the following order:
7. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.363/2023 registered by Bagalagunte Police Station, Bengaluru City, for the offences punishable under Sections 370, 370A(2), 370(3), 34 IPC, Sections 3, 4, 5 of Immoral Traffic Prevention Act, 1956, and Section 66 of the Information Technology Act, 2000, subject to the following conditions:
a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;-6-
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b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;
c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioners shall not involve in similar offences in future;
e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.
Sd/-
JUDGE KK