Smt Vanitha V vs The State Of Karnataka on 7 June, 2022

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Karnataka High Court

Smt Vanitha V vs The State Of Karnataka on 7 June, 2022

Bench: H.P. Sandesh

                            1



       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 7TH DAY OF JUNE, 2022

                         BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH

              CRIMINAL PETITION NO.4760/2022

BETWEEN:

SMT. VANITHA V,
W/O PRAKASH
AGED ABOUT 24 YEARS
R/AT PRAVEEN REDDY'S BUILDING
NEAR BANDE PARK
2ND CROSS, KRISHNA LAYOUT
DEVARACHIKKANAHALLI
BENGALURU - 560114.                           ... PETITIONER

              (BY SRI NATARAJU T, ADVOCATE)
AND:

THE STATE OF KARNATAKA
BY BEGUR POLICE STATION
BENGALURU
NOW REPRESENTED BY SPP.,
HIGH COURT BUILDING
BENGALURU - 560001.                        ... RESPONDENT

               (BY SRI MAHESH SHETTY, HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.115/2022 OF BEGURU P.S., BENGALURU CITY FOR AN
OFFENCE P/U/S 370 OF IPC, U/Ss.4 AND 5 OF ITP ACT, WHICH
IS PENDING BEFORE THE 41ST ADDL. CMM COURT,
NRUPATUNGA ROAD, BENGALURU.
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     THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:

                             ORDER

This petition is filed under Section 439 of Cr.P.C., seeking regular bail of the petitioner/accused in respect of Crime No.115/2022 registered by Beguru Police Station, Bengaluru City, for the offences punishable under Sections 4 and 5 of ITP Act, 1956 and Section 370 of IPC.

2. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

3. The factual matrix of the case of the prosecution is that on receiving the credible information that the prostitution is being carried out at the residential house belongs to one Praveen Reddy, a raid was conducted and found the victim girl and also the customer in the house. This petitioner is a tenant of the brothel house and she was arrested at the spot and invoked the offences punishable under Sections 4 and 5 of ITP Act, 1956 and Section 370 of IPC.

4. The learned counsel appearing for the petitioner would submit that this petitioner is in custody from 03.05.2022 and no need of further custodial investigation and there is no criminal antecedents against this petitioner and the premises is also not belongs to this petitioner. The petitioner is a lady and she has been in custody. Hence, she may be enlarged on bail.

5. Per contra, the learned High Court Government Pleader appearing for the State would submit that the victim as well as the customers was found and the statement of victim as well as the customer was recorded and the statements of these persons point out the very role of this petitioner. Hence, there is a prima facie case against the petitioner.

6. Having heard the respective counsel appearing for the parties and taking note of the allegations made in the complaint, this petitioner is in custody from 03.05.2022 and an allegation is made that this petitioner only running a brothel house, securing the girls and indulged in committing the offences as alleged against her. Having taken note of the fact that there are no criminal antecedents against this petitioner, 4 the petitioner is in custody from 03.05.2022, no need of further custodial investigation and also considering the gravity of the offences and the allegations made in the complaint, it is a fit case to exercise the powers under Section 439 of Cr.P.C., subject to imposing certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:-

ORDER The Petition is allowed. Consequently, the petitioner/accused shall be released on bail in Crime No.115/2022 registered by Beguru Police Station, Bengaluru City, for the offences punishable under Sections 4 and 5 of ITP Act, 1956 and Section 370 of IPC, subject to the following conditions:-

(i) The petitioner shall execute personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.

(ii) The petitioner shall not indulge in tampering the prosecution witnesses.

(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.

(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court, till the case registered against her is disposed of.

Sd/-

JUDGE cp*

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