Karnataka High Court
G Manjunath S/O Gangadhar vs The State Of Karnataka on 30 August, 2023
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NC: 2023:KHC-D:9733
CRL.P No. 101682 of 2023
C/W CRL.P No. 101683 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 30TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO. 101682 OF 2023
C/W
CRIMINAL PETITION NO. 101683 OF 2023
IN CRIMINAL PETITION NO.101682/2023
BETWEEN:
G. MANJUNATH S/O. GANGADHAR,
AGE ABOUT 32 YEARS,
OCCUPATION: LABOUR,
R/O: NEAR SADRUDDINM BABA DARGHA,
ANJANAPPANAGAR,
RUPANGUDI ROAD,
BALLARI.
...PETITIONER
(BY SRI. L.S. SULLAD, ADVOCATE)
CHANDRASHEKAR
LAXMAN AND:
KATTIMANI
THE STATE OF KARNATAKA,
THROUGH POLICE SUB-INSPECTOR,
Digitally signed by BRUCEPT POLICE STATION,
CHANDRASHEKAR
LAXMAN BRUCEPET,
KATTIMANI REPRESENTED BY
Date: 2023.08.31
14:44:36 +0530 HIGH COURT GOVT PLEADER,
DHARWAD BENCH.
...RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. ENLARGE THE ABOVE SAID PETITIONER/ ACCUSED
NO.1 ON BAIL IN BRUCEPET PS CRIME NO.98/2023, ALLEGING
UNDER SECTION 3, 4, 5, 6, 7, 8 OF IMMORAL TRAFFIC
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NC: 2023:KHC-D:9733
CRL.P No. 101682 of 2023
C/W CRL.P No. 101683 of 2023
(PREVENTION) ACT-1965 AND 370 IPC ON FILE OF I
ADDITIONAL CIVIL JUDGE (JUNIOR DIVISION) AND JMFC
BALLARI IN THE INTEREST OF JUSTICE AND EQUITY.
IN CRIMINAL PETITION NO.101683/2023
BETWEEN:
SMT. PARAVATHI W/O. NATARAJ,
AGE ABOUT 35 YEARS,
OCCUPATION: LABOUR,
R/O: HANUMANNAGAR,
BALLARI.
...PETITIONER
(BY SRI. L.S. SULLAD, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH POLICE SUB-INSPECTOR,
BRUCEPT POLICE STATION,
BRUCEPET,
REPRESENTED BY
HIGH COURT GOVT. PLEADER,
DHARWAD BENCH.
...RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. SEEKING TO ENLARGE THE ABOVE SAID
PETITIONER/ACCUSED NO.2 ON BAIL IN BRUCEPET PS CRIME
NO. 98/2023, ALLEGING U/SEC. 3, 4, 5, 6, 7, 8 OF IMMORAL
TRAFFIC (PREVENTION) ACT 1965 AND 370 OF IPC ON THE
FILE OF I ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC
BALLARI .
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NC: 2023:KHC-D:9733
CRL.P No. 101682 of 2023
C/W CRL.P No. 101683 of 2023
THESE PETITIONS, COMING ON FOR FINAL HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioners who are respectively accused Nos.1 and 2 have filed these petitions under Section 439 Cr.P.C. to grant them bail in Crime No.98/2023 of Brucepet police station for the offences punishable under Sections 3, 4, 5, 6, 7 and 8 of The Immoral Traffic (Prevention) Act, 1956 ('the Act of 1956' for short) and under Section 370 IPC.
2. In support of their petitions, the petitioners have contended that they are innocent of the offences alleged. The complaint, investigation as well as the charge sheet does not disclose that they are directly or indirectly involved in the alleged crime. For statistical purpose, the concerned police have registered the case. There are no materials attracting the provisions of Sections 3, 4, 5, 6, 7 and 8 of the Act of 1956 and under Section 370 of IPC. -4-
NC: 2023:KHC-D:9733 CRL.P No. 101682 of 2023 C/W CRL.P No. 101683 of 2023 The petitioners are in judicial custody since 16.06.2023. They are ready and willing to abide by any conditions that may be imposed. The alleged offences are not exclusively punishable with death or imprisonment for life. The petitioners are permanent residents of Ballari, owning movable and immovable properties. They are ready and willing to abide by any conditions that may be imposed and prays to allow the petitions.
3. Learned High Court Government Pleader submitted oral objections stating that on 16.06.2023 at 3.30 p.m., while the PSI, Law and Order along with PC 1147 were on duty, they received credible information that the petitioners who are residing in house No.15/16 of Ward No.16 of Donnappa bidi, Behind Radha Krishna Oil Traders are indulged in engaging innocent women in prostitution. Based on the said information, he has registered the case in Crime No.98/2023 for the offences punishable under Sections 3 to 8 of the Act of 1956 and Section 370 of IPC.
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NC: 2023:KHC-D:9733 CRL.P No. 101682 of 2023 C/W CRL.P No. 101683 of 2023 3.1. He conducted raid in the presence of panchas and other staff. In the said house, the petitioners were found along with another person and inside the bedroom, a man and woman were found in semi nude condition. On enquiry with the said persons, it was revealed that the petitioners have brought the victim and forced her to engage in prostitution on collecting money. The petitioners were apprehended. A mahazar was drawn.
3.2. The statement of victim was recorded on 16.06.2023. Her statement was also recorded under Section 164 Cr.P.C. by the jurisdictional Magistrate. After completing investigation, charge sheet is filed against the petitioners for the offences punishable under Sections 3 to 8 of the Act of 1956 and Section 370 IPC. Charge sheet makes out a strong prima facie case. If released on bail, there is likelihood of they absconding or threatening and tampering with the prosecution witnesses and they may also indulge in similar offences and prays to reject the petitions.
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4. Heard arguments and perused the records.
5. A charge sheet came to be filed against the petitioners for the offences punishable under Sections 3 to 8 of the Act of 1956 and Section 370 IPC alleging that on 16.06.2023 at 3.30 p.m., while the PSI, Law and Order along with PC 1147 were on duty, they received credible information that the petitioners who are residing in house No.15/16 of Ward No.16 of Donnappa bidi, Behind Radha Krishna Oil Traders are indulged in engaging innocent women in prostitution. Based on the said information, he has registered the case in Crime No.98/2023 for the offences punishable under Sections 3 to 8 of the Act of 1956 and Section 370 of IPC.
6. He conducted raid in the presence of panchas and other staff. In the house, the petitioners were found along with another person and inside the bedroom, a man and woman were found in semi nude condition. On enquiry with the said persons, it was revealed that the petitioners have brought the victim and forced her to engage in -7- NC: 2023:KHC-D:9733 CRL.P No. 101682 of 2023 C/W CRL.P No. 101683 of 2023 prostitution on collecting money. The petitioners were apprehended. A mahazar was drawn. The statement of victim was recorded on 16.06.2023. Her statement was also recorded under Section 164 Cr.P.C. by the jurisdictional Magistrate. The charge sheet reveals that the investigation was commenced on the basis of the information received by the investigating officer regarding the petitioners forcibly engaging innocent woman into prostitution. After conducting raid, both the petitioners were arrested. The statement of the victim was also recorded. Though initially the victim was placed at Mahila Seva Niketan, Ballari, later on her brother has taken her back to her place and with the undertaking that he was produce her as and when required. On completion of investigation, charge sheet is filed for the offences punishable under Sections 3 to 8 of the Act of 1956 and Section 370 IPC.
7. Though these offences are non-bailable, they are not exclusively punishable with death or imprisonment -8- NC: 2023:KHC-D:9733 CRL.P No. 101682 of 2023 C/W CRL.P No. 101683 of 2023 for life. The petitioners are in custody since 16.06.2023. As charge sheet is filed, no longer custodial presence of the petitioners is required. There are no allegations that the petitioners are involved in similar offences earlier. Of course the interest of the prosecution is required to be safeguarded by imposing stringent conditions. For these reasons, this Court is of the opinion that the petitioners are entitled for bail and accordingly the following:
ORDER Petitions are allowed. Petitioners/accused Nos.1 and 2 are released on bail, in Crime No.98/2023 of Brucepet police station for the offences punishable under Sections 3, 4, 5, 6, 7 and 8 of The Immoral Traffic (Prevention) Act, 1956 and under Section 370 IPC, subject to following:
CONDITIONS
a) The petitioners/accused Nos.1 and 2 shall execute a personal bond in a sum of -9- NC: 2023:KHC-D:9733 CRL.P No. 101682 of 2023 C/W CRL.P No. 101683 of 2023 Rs.50,000/- each with two sureties for the like-sum.
b) The petitioners/accused Nos.1 and 2 shall furnish their residential address proof and shall inform the investigating officer/Court if there is any change in the address.
c) The petitioners/accused Nos.1 and 2 shall not tamper with the prosecution witnesses either directly or indirectly.
d) The petitioners/accused Nos.1 and 2 shall not indulge in any criminal activities.
e) The petitioners/accused Nos.1 and 2 shall
be regular in attending the Court
proceedings.
Sd/-
JUDGE
KGK
List No.: 1 Sl No.: 11