Karnataka High Court
Prasannakumara vs The State Of Karnataka on 29 June, 2020
Author: S Vishwajith Shetty
Bench: S.Vishwajith Shetty
CRL.P.NO.2330/2017
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JUNE 2020
BEFORE
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO 2330 OF 2017
BETWEEN:
PRASANNAKUMARA
S/O BAKRISHNA
AGED ABOUT 25 YEARS
R/A: NO.78
POSHETTIHALLI BILLAGE,
NANDI HOBLI,
CHIKKABALLAPURA TALUK,
CHIKKABALLAPURA DIST.. 561 211. ...PETITIONER
(BY SRI. BHASKARA HEGGADE C.K, ADV.)
AND
THE STATE OF KARNATAKA BY
ADUGODI POLICE.
BENGALURU - 560 030
(REPRESENTED BY SPP,
HIGH COURT BUILDING,
BENGALURU -1) ...RESPONDENT
(BY SRI. K.S. ABHIJITH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C. PRAYING TO QUASH THE FIR AND CHARGE SHEET
FILED AGAINST THE ACCUSED NO.2 IN CR.NO.407/2015 (C.C.
NO. 22999/2016) FOR THE OFFENCE P/U/S 3,4 AND 5 OF
IMMORAL TRAFFIC PREVENTION ACT AND STAY OF ALL THE
FURTHER PROCEEDINGS DISENSE WITH THE PERSONAL
ATTENDANCE IN C.C.NO.22999/2016 WHO ARRAYED AS
CRL.P.NO.2330/2017
2
ACCUSED NO.2 RESPECTIVELY, REGISTERED BY ADUGODI
POLICE WHICH IS PENDING ON THE FILE OF VI ADDL.C.M.M.,
BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The accused No.2 in C.C.No.22999/2016 has filed this petition with a prayer to quash the charge sheet filed against him for the offences punishable under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 (for brevity 'the Act'), which is pending on the file of the VI Additio nal C.M.M., Bangalore City.
2. On 3.12.2015, the Police Inspector of Adugodi Police Station along with the staff on credible information about prostitution activities had raided the premises bearing No.7/343, C.L.Layout, Hosuru Main Road, Adugodi, Bengaluru City and in a Spa and Saloon situated in the said premises, they found two men and four female. One of men ran away and the other man present there, was arrested and on verification, they found that he had come there as a customer and his CRL.P.NO.2330/2017 3 name is Prasannakumara, S/o Balakrishna, who is the petitioner herein.
3. On the basis of the complaint by the Police Inspector, a case was registered in Crime No.407/2015 by the Adugodi Police Station as against two persons. The petitioner was arrayed as second accused in the said case. The Police after investigation have filed the charge sheet for the offences punishable under Sections 3, 4 and 5 of the Act.
4. The petitioner being aggrieved by the same has preferred this criminal petition with a prayer to quash the charge sheet filed against him.
5. From the complaint averments and from the charge sheet materials, it is very clear that the petitioner was only a 'customer', who was present at the time of raid. The charge sheet filed against the petitioner is for the offences punishable under Sections 3, 4 and 5 of the Act. Section 3 of the Act provides for CRL.P.NO.2330/2017 4 punishment for keeping a brothel or allowing premises to be used as a brothel. Section 4 of the Act provides for punishment for living on the earnings of prostitution and Section 5 of the Act provides for punishment for procuring, inducing or taking a person for the sake of prostitution.
6. None of the three provisions are applicable to the petitioner, who is only a 'customer' found in the premises. Under the circumstances, filing of charge sheet as against the petitioner and the further proceedings against him for the offences punishable under Sections 3, 4 and 5 of the Act is unsustainable. Therefore, the proceedings insofar it relates to the petitioner in C.C.No.22999/2016 pending on the file of the VI Additional C.M.M., Bangalore City, for the offences punishable under Sections 3, 4 and 5 of the Act, is liable to be quashed.
Accordingly, the petition is allowed. CRL.P.NO.2330/2017 5 The proceedings in C.C.No.22999/2016 pending on the file of the VI Additional C.M.M., Bangalore City, insofar it relates to the petitioner, is hereby quashed.
Sd/-
JUDGE KNM/-