Karnataka High Court
Lalitha W/O Guruswamy vs The State Of Karnataka on 17 April, 2017
Author: R.B Budihal
Bench: R.B Budihal.
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 17TH DAY OF APRIL 2017
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL. R.B
CRIMINAL PETITION NO.100653/2017
BETWEEN:
1. LALITHA W/O GURUSWAMY
AGED ABOUT 30 YEARS
OCC:HOUSE HOLD WORK/LABOURER
R/O:BESIDE CANAL
SIDDARTHA COLONY, BALLARI
DIST:BALLARI
2. NAGAMANI W/O LATE BRAMAIAH
AGED ABOUT 60 YEARS
OCC:HOUSEHOLD WORK/LABOURER
R/O: OPPOSITE SEENAPPA HOUSE
AUTONAGAR, BALLARI
DIST: BALLARI
... PETITIONERS
(BY SRI VIJAY S CHINIWAR, ADVOCATE)
AND
THE STATE OF KARNATAKA
BY ITS PSI, BELLARI
RURAL CIRLCE BALLARI
REP.BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENCH AT DHARWAD-580008
... RESPONDENT
(BY SRI PRAVEEN K.UPPAR, HCGP)
:2:
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C., SEEKING TO PASS AN ORDER,
ENLARGING THE PETITIONERS ON BAIL IN CRIME NO.483
OF 2016 REGISTERED BY BALLARY RURAL POLICE
STATION PENDING BEFORE III ADDL. CIVIL JUDGE
(JUNIOR DIVISION) AND JMFC, BALLARI, FOR THE
ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 3,
4, 5, 6, 7 AND 9 OF ITP ACT 1956 AND SECTION 370 OF
IPC.
THIS PETITION COMING ON FOR ORDER THIS DAY,
THE COURT, MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioners-accused Nos.2 and 3 under Section 439 of Cr.P.C. seeking their release on bail of the offences punishable under Sections 3, 4, 5, 6, 7 and 9 of I.T.P. Act and Section 370 34 of IPC registered in respondent-Police Station Crime No.483/2016.
2. Brief facts of the prosecution case that on the basis of information secured by the P.S.I. Rural Police, Ballari on 15.12.2016 at 4.30 p.m. the P.S.I. and his staff and panchas went to the place near Talur Road, 12th Cross, Renuka Nagar and found the :3: petitioners/accused Nos.2 and 3 and another were standing infront of the house of accused No.1 and alleged to have running prostitution business by keeping a lady by name Smt.Afrin Banu w/o Basha and made the said lady to expose her body to the public saying to enjoy her by paying money, on enquiry Afrin told that her husband left her and petitioners kept her for prostitution. On enquiry, the accused No.1 herein revealed that she is earning money by prostitution and she received Rs.2,000/- per customer and out of that she gave Rs.300/- to the lady who came to prostitution and remaining amount was distributed between the accused No.1 and petitioners. The further allegation that raiding party found Rs.2,000/- with accused No.1 and 48 condoms in carton box and same were seized under panchanama. On the basis of the same, case came to be registered for the said offences.
3. Heard the arguments of the learned counsel appearing for the petitioners-accused Nos.2 and 3 and :4: also the learned HCGP appearing for the respondent- State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and other materials produced along with the petition, so also the order passed by the learned Sessions Judge rejecting the bail application.
5. Looking to the allegations in the complaint that these two petitioners were also present in the brothel house, which was run by accused No.1. The submission of the learned counsel for the petitioners that there is no recovery of any incriminating material from the possession of the present petitioners. So far as accused No.1 is concerned, there is recovery of amount as well as the condoms. The petitioners contended in the bail petition that they are innocent and not involved in committing the said offence and they are ready to abide by any reasonable conditions to be imposed by the Court. Now they are already in custody. There is :5: nothing to be recovered from them. The alleged offences are not exclusively punishable with death or life imprisonment. Hence, I am of the opinion that petitioners can be released on bail by imposing reasonable conditions.
6. Accordingly, petition is allowed. The petitioners/accused Nos.2 and 3 are ordered to be released on bail in Crime No.483/2016 registered by the respondent Police for the above said offences, subject to following conditions:
i. Each Petitioners have to execute
personal bond for a sum of
Rs.50,000/- and furnish one surety for the like sum to the satisfaction of concerned Court.
ii. Petitioners shall not tamper with any of the prosecution witnesses directly or indirectly.
iii. Petitioners shall appear before the concerned Court regularly.
Sd/-
JUDGE CLK