Karnataka High Court
Mani Kiran K vs The State By Wilson Garden P.S, on 1 June, 2017
Author: K.N.Phaneendra
Bench: K. N. Phaneendra
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 1ST DAY OF JUNE, 2017
BEFORE
THE HON'BLE MR.JUSTICE K. N. PHANEENDRA
CRIMINAL PETITION NO. 2984/2017
BETWEEN
1. MANI KIRAN K.,
AGED 32 YEARS,
S/O VENKATESHWAR RAO,
R/AT NO.14/2, 4TH CROSS,
KARAGAPPA GARDEN, S.R.NAGAR,
BENGALURU - 560 027
2. VENKATESHWARA REDDY,
AGED 36 YEARS,
S/O BOOCHI REDDY,
R/AT 1ST CROSS, 4TH MAIN,
S.R.NAGAR, BENGALURU - 560 027
3. M. D. AREIF,
AGED 40 YEARS,
S/O KELEEL AHMED,
R/AT NO.132, THIMMAIAH ROAD,
BHARATHI NAGARA,
BENGALURU - 560 001.
4. ELIYAZ SHARIEF,
AGED 38 YEARS,
S/O EMBRAHIM SHARIEF,
R/AT NO.1, M.S.LANE,
2ND FLOOR, S.P RAOD,
BENGALURU - 560 002.
5. H.MOHAMMED FASAL AHMED,
AGED 29 YEARS,
S/O H.MOHD ASSADULLAH,
R/AT NO.18/1, THIMMAIAH ROAD
2
CROSS, NEHRU PURAM,
BENGLAURU - 560 005.
6. SRINIVAS RAVICHANDRA
AGED 45 YEARS,
S/O Y. S. NARAYAN,
R/AT SRINIVAS RAO PETTE,
IST LANE, GUNTTURU,
A.P - 522 004. ... PETITIONERS
(BY SRI. CHANDRAHASA RAI B., ADV.)
AND
1. THE STATE BY WILSON GARDEN P.S,
REP. BY STATE PUBLIC PROSECUTOR,
KARNATAKA HIGH COURT BUILDING,
BENGALURU - 560 001.
2. POLICE INSPECTOR,
F AND M WING, C.C.B, N.T.PET,
BENGALURU - 560 002. ... RESPONDENTS
(BY SRI. S. RACHAIAH, HCGP)
THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING THAT
THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE
FIR BEARING NO.60/2014 DATED 27.02.2014 FOR THE
OFFENCE P/U/S 188, 370A, 370(3), 294 R/W 109 OF IPC
REGISTERED BY WILSON GARDEN POLICE STATION NOW
RENUMBERED AS C.C. NO. 28501/2015 PENDING ON THE
FILE OF I A.C.M.M., BENGALURU CITY AGAINST THEM.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are arrayed as Accused No.55, 56, 58, 97, 112, 120 in CC No.28501/2015 registered for the 3 offence punishable under section 188, 370A, 370(3), 294 read with Section 109 of IPC.
2. The brief factual matrix of the case are that:
On credible information received by the Police Inspector, CCB, N.T. Pet, Bengaluru, on 26.2.2014 they went to a Bar and Restaurant namely "Bengalore Shakers"
situated at K.H. Road, Bengaluru-560 027, and found that some of the accused persons with an intention to make unlawful gain have trafficked women from another State and appointed them as Waitresses and they were made to dance in skimpy dresses to the music which was played on the music system. The petitioners herein were customers supplied with food and drink, when dance and music was going on. Therefore, the said dancers were engaged for encouraging men to have sex with them and thereafter, they were being used for prostitution. On these allegations, the police have registered an FIR and subsequently investigated the matter and filed a charge sheet. On the same allegations, some of the accused persons who are styled as customers have approached this court in CRL.P.No.9853/2016 and also Crl.P. No.7491/2016 and 7896/2016 for quashing of the entire proceedings 4 against them. These petitioners are also stand on the same footing as that of the petitioners against whom the proceedings were already quashed. This court in detail considering the offences alleged whether the allegations made against the petitioners attract those offence and thereafter came to the conclusion that the proceedings are liable to be quashed and quashed the proceedings. There is no separate allegations alleged distinct against these petitioners. Under the above said facts and circumstances of the case, the petition is liable to be allowed.
Accordingly, the petition is allowed. The proceedings pending against these petitioners in CC No.28501/2015 on the file of I ACMM, Bengalulru City stands quashed, so far as petitioners are concerned.
Sd/-
JUDGE PL*