Karnataka High Court
Hemanth vs State Of Karnataka on 4 December, 2018
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER 2018
BEFORE
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
CRIMINAL PETITION NO.8879 OF 2018
BETWEEN:
Hemanth
S/o Dharampal
Aged about 33 years
Siemens Officer Guest House
4th Floor, Koramangala
Bangalore - 560 034.
...PETITIONER
(By Sri.Chandrashekara K., Advocate)
AND:
1. State of Karnataka
By Banasawadi Traffic P.S.
Rep by S.P.P.
High Court Building
Bangalore - 560 001.
2. Radhakrishan D
S/o not known
Aged about Major
Inspector of Police
Ashokanagar Police Station
Bangalore - 560 025.
... RESPONDENTS
(By Sri.I.S.Pramod Chandra, SPP-II for R1)
2
This Criminal Petition is filed under Section 482 of
Cr.P.C. praying to quash the order dated 29.10.2018
passed by the Metropolitan Magistrate Traffic Court-1,
Mayohall Unit, Bangalore in C.C.No.1398/2010 and
discharge the petitioner.
This Criminal Petition coming on for Orders, this day,
the Court made the following:
ORDER
Heard.
2. Shri.Chandrashekara K., learned advocate for the petitioner submits that, police have conducted a raid on the brothel house and apprehended the petitioner. He has been charged for commission of offences punishable under Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention Act), 1956 ('the Act' for short). Petitioner is customer and therefore, the said penal provisions of the Act are not attracted against him.
3. The submission of learned advocate for the petitioner is not disputed the learned HCGP. 3
4. This Court has taken a consistent view that the penal provisions of the Act are not applicable so far as customers in a brothel house are concerned. [See Narasimha Murthy vs. The State by Hennuru Police Station and another (Crl.P.No.5275/2017 D.D. 07.12.2017)].
5. In the circumstances, following the said decision, the proceedings in C.C.No.1398/2010 on the file of the Metropolitan Magistrate Traffic Court-I, Mayohall Unit, Bangalore, are quashed, so far as the petitioner is concerned.
The Petition is accordingly allowed. No costs.
Sd/-
JUDGE Prs*