Karnataka High Court
Sri Rajmohammed Hussainsab Solapur vs State Of Karnataka on 16 July, 2025
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NC: 2025:KHC-D:8836
CRL.P No. 102261 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 16TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO. 102261 OF 2025
(439 OF Cr.PC/483 OF BNSS)
BETWEEN:
SRI. RAJMOHAMMED HUSSAINSAB SOLAPUR,
AGE: 31 YEARS, OCC: PRIVATE SERVICES,
R/O. JANNAT NAGAR, ILKAL, NOW AT: #36,
C/O. BASAPPA METI, SHETAR LAYOUT,
LINGRAJNAGAR, HUBBALLI, TQ. HUBBALLI,
DIST. DHARWAD-580002.
...PETITIONER
(BY SHRI HANUMESH M. DESAI, ADV. FOR
SHRI NEELENDRA D. GUNDE, ADVOCATE)
AND:
STATE OF KARNATAKA,
BY VIDYANAGAR P.S. HUBBALLI,
Digitally signed by REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
RAKESH S
HARIHAR HIGH COURT BUILDING, DHARWAD-580001.
Location: High ...RESPONDENT
Court of Karnataka,
Dharwad Bench (BY SHRI JAIRAM SIDDI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C. (UNDER SECTION 483 OF BNSS), SEEKING TO GRANT THE
PETITIONER/ACCUSED ON REGULAR BAIL IN THE CRIME NO.71/2025
OF VIDYANAGAR POLICE STATION HUBBALLI, REGISTERED FOR THE
OFFENCES PUNISHABLE UNDER SECTION 143 OF BNS AND
SECTIONS 3(1), 4(1), 5(1) OF IMMORAL TRAFFIC PREVENTION ACT,
1956, PENDING BEFORE 1ST ADDL. CIVIL JUDGE (JR.DIV.) COURT
HUBLI, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:8836
CRL.P No. 102261 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri Hanumesh M. Desai, learned counsel for the petitioner and Sri Jairam Siddi, learned counsel High Court Government Pleader for respondent - State.
2. This petition is filed under Section 439 of the Code of Criminal Procedure, 1973 ("Cr.P.C." for short) (under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023) by the petitioner - accused seeking to enlarge him on bail in connection with Crime No.71/2025 of Vidyanagar Police Station, Hubballi for the offences punishable under Sections 143 of Bharatiya Nyaya Sanhita, 2023 ("BNS" for short) and Sections 3(1), 4(1) and 5(1) of the Immoral Traffic Prevention Act, 1956 ("ITP Act" for short).
3. Brief facts of the case of the prosecution are as under:
On 16.05.2025, the first informant received credible information that in the 2nd Floor of 'Golden Star' Apartment -3- NC: 2025:KHC-D:8836 CRL.P No. 102261 of 2025 HC-KAR situated at behind the Hans Hotel, Kalyan Nagar Unkal Cross, somebody in order to gain illegal money, by trafficking the woman from out side the State and running the brothel by procuring the customers and earning amount by prostitution. Hence, the first informant rushed to the spot and kept watch and confirmed that prostitution is being run by somebody in the said Apartment. Hence, FIR came to be registered against the unknown person and later conducted the raid on the said Apartment. During course of investigation, the petitioner was arrested and in turn, he was remanded to the judicial custody.
4. The learned counsel for the petitioner vehemently contended that the petitioner is an innocent and he has not been committed any offences as alleged by the prosecution. The alleged offences though non-bailable in nature, but not punishable with death or imprisonment for life. It is further contended that the raiding party has not complied the mandatory provisions as contemplated under Section 15(2) of the ITP Act. Further, the petitioner is not owner of the house and he is residing at different area at -4- NC: 2025:KHC-D:8836 CRL.P No. 102261 of 2025 HC-KAR Hubballi. He is ready to cooperate with the investigating agency and ready to abide by the conditions that may be imposed by this Court. Hence, he prayed to grant bail.
5. Learned High Court Government pleader contended that there is a prima facie material against the petitioner and he is involved in the aforesaid offences. If the petitioner is released on bail, he may commit similar offences. Hence, he prayed for rejection of the bail petition.
6. I have perused the material available on record. It appears that, the case was registered against unknown persons. As per the material available on record on 16.05.2025, the first informant conducted a raid on the 2nd Floor of 'Golden Star' Apartment, Hubballi and seized a condom pocket, two used condoms, a plastic box and cash of Rs.8,200/- and accordingly drew a seizure panchanama in the presence of witnesses.
7. In the instant case, the investigation is not conducted by a Police Officer appointed by the Government for dealing with the offence under ITP Act as contemplated -5- NC: 2025:KHC-D:8836 CRL.P No. 102261 of 2025 HC-KAR under Section 13 of the ITP Act. It is an undisputed fact that the informant - complainant is not a Special Officer in terms of afore quoted statute. Thus, the very proceedings initiated against the petitioner are based upon a complaint, lodged by the complainant, who had no jurisdiction.
8. Further Section 15(2) of ITP Act is mandatory in nature and the raiding party shall accompanied by a woman and other pancha shall be a person from the locality. Whereas, the raiding party has not complied Section 15 (2) of ITP Act. Hence, raiding party has not followed the mandatory provisions.
9. The alleged offences are not punishable with death or imprisonment for life. Therefore, considering the nature and gravity of the offence, antecedents, character of the petitioner, this Court is of the opinion that, the petitioner is entitled for bail. Accordingly, this Court proceed to pass the following:
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NC: 2025:KHC-D:8836 CRL.P No. 102261 of 2025 HC-KAR ORDER The criminal petition is hereby allowed. The petitioner
- accused is ordered to be released on bail in Crime No.71/2025 of Vidyanagar Police Station, Hubballi pending on the file of I Additional Civil Judge (Jr.Dn.), Court, Hubballi on following conditions:
(i) The petitioner - accused shall execute a personal bond for a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the I Additional Civil Judge (Jr.Dn) Court, Hubballi.
(ii) The petitioner - accused shall cooperate with the investigating agency till conclusion of the investigation.
(iii) The petitioner - accused shall mark his attendance before the Investigating Officer / Station House Officer on First Sunday of every month in between 10:00 a.m. and 5:00 p.m. for a period of six months or till filing of charge sheet, whichever is earlier.-7-
NC: 2025:KHC-D:8836 CRL.P No. 102261 of 2025 HC-KAR
(iv) The petitioner - accused shall not commit any similar offences and he shall not tamper the prosecution witnesses.
Violation of any of the above conditions shall entitle the prosecution to seek cancellation of bail before the appropriate Court in accordance with law. Note : The above observation made in this petition is only for the purpose of disposal of this petition.
Sd/-
(VENKATESH NAIK T) JUDGE EM /CT-AN List No.: 1 Sl No.: 28