Bhimanna vs The State Of Karnataka, on 8 June, 2017

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Karnataka High Court

Bhimanna vs The State Of Karnataka, on 8 June, 2017

Bench: R.B Budihal

                           1



           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

            Dated this the 8th day of June 2017

                            Before

          THE HON'BLE MR. JUSTICE BUDIHAL R.B.

             Criminal Petition No.101052/2017
Between

Bhimanna
Age: 45 Years,
Occ: Owner of the Ashwini Lodge,
R/o: Sobati Village,
HB Halli Tq, Ballari Dist.                        ...Petitioner

(By Sri. B. Anwar Basha, Advocate)

And

The State of Karnataka,
(Through HB Halli P.S.),
Represented by its
State Public Prosecutor,
High Court of Karnataka,
Bench at Dharwad.                              ...Respondent

(By Sri. Praveen K. Uppar, HCGP)

       This Criminal Petition is filed under Section 438 Of
Cr.P.C., seeking to allow this petition and enlarge the
petitioner on anticipatory bail in the event of their arrest in
Crime No.65 Of 2017 HB Halli Police Station, for the
offences under Sections 3, 4, 5, 6, 7 of the Immoral Traffic
Prevention Act 1956 and 370 of IPC.

      This petition coming on for Orders this day, the
Court, made the following:
                             2



                             ORDER

This is a petition filed by the petitioner/accused No.3 under Section 438 of the Code of Criminal Procedure, seeking anticipatory bail, to direct the respondent Police to release the petitioner on bail in the event of his arrest of the alleged offences punishable under Sections 3, 4, 5, 6 and 7 of the of Immoral Traffic Prevention Act, 1956 and under Section 370 of the Indian Penal Code registered in respondent Police Station Crime No.65/2017.

2. Heard the arguments of the learned counsel appearing for the petitioner/accused No.3 and also the learned High Court Government Pleader appearing for the respondent-State.

3. Case of the prosecution is that Sub-Inspector of Police, H.B. Halli, registered a suo motu complaint against the petitioners and others stating that he received a credible information that in Ashwini Lodge, H.B. Halli, immoral activities were being carried and he, after obtaining search warrant from the Dy.S.P., along with panchas and other 3 staff, raided the said lodge and arrested accused No.1 and accused No.2, the Manager of the lodge, and recovered Rs.500/-, two condom packets and one ledger book of the said lodge. On the basis of the above said complaint, a case was registered for the alleged offences.

4. Looking to the materials placed on record and the complaint averments, there are serious allegations regarding the petitioner, who is the owner of the lodge, carrying on immoral activities in the said lodge. The complaint averments also goes to show that the girl, who is from Nepal, was there in the said lodge along with one person and, when the complainant and other staff entered the room, they found both the persons in the said room. Looking to these materials and as it is contended by the prosecution that the petitioner, the owner of the lodge, is absconding, the custodial interrogation of the petitioner is necessary in this case. Hence, the petition is rejected.

Sd/-

JUDGE Kms

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