Karnataka High Court
Yashavanth.M vs The State Of Karnataka on 5 August, 2019
Author: P.S.Dinesh Kumar
Bench: P. S. Dinesh Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF AUGUST 2019
BEFORE
THE HON'BLE MR. JUSTICE P. S. DINESH KUMAR
CRIMINAL PETITION NO.3376/2019
BETWEEN:
YASHAVANTH M.,
S/O M. SAGAR,
AGED ABOUT 24 YEARS,
R/AT FLAT NO.101,
ASALIA APARTMENT,
SHEEGEHALLI,
MEDAHALLI,
K.R.PURAM,
BANGALORE-560 001. ... PETITIONER
(By Sri.DHANANJAY KUMAR , ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BYAPPANAHALLI POLICE STATION,
REP BY SPP.,
HIGH COURT OF KARNATAKA
560 001.
2. J.GOWTHAM,
POLICE INSPECTOR,
MAHADEVAPURAM POLICE STATION,
BANGALORE-560 048. ... RESPONDENTS
(By Smt.K.P.YASHODA, HCGP.)
2
THIS CRL.P. IS FILED U/S.482 CR.P.C PRAYING TO
QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.2303/2014 IN
CRIME NO.205/2014 REGISTERED BY THE RESPONDENT
POLICE, PENDING ON THE FILE OF THE METROPOLITAN
MAGISTRATE TRAFFIC COURT-1, MAYO HALL, AT BANGALORE
FOR THE OFFENCE P/U/S 370 OF IPC AND SECTIONS 3, 4, 5
AND 7 OF ITP ACT, IN SO FAR AS THE PETITIONER IS
CONCERNED.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard.
2. Shri Dhananjay Kumar, learned advocate for the petitioner submits that the police have conducted a raid on a brothel house and apprehended the petitioner. He has been charged for commission of offences punishable under Section 370 IPC and Sections 3, 4, 5 & 7 of the Immoral Traffic (Prevention) Act, 1956 ('the Act' for short). Petitioner 3 is a customer and therefore, the said penal provisions of the Act are not attracted against him.
3. The submission of learned advocate for the petitioner is not disputed by the learned HCGP.
4. This Court has taken a consistent view that the penal provisions of the Act are not applicable so far as customers in a brothel house are concerned. [See Narasimha Murthy vs. The State by Hennuru Police Station and another (Crl.P.No.5275/2017 D.D. 07.12.2017)].
5. In the circumstances, following the said decision, this petition is allowed and the proceedings in C.C No.2303/2014 in Crime No.205/2014, pending on the file of Metropolitan Magistrate Traffic Court-1, Mayohall, Bengaluru, are quashed, so far as petitioner is concerned.
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6. In view of disposal of main petition, I.A.No.1/2019 does not survive for consideration and the same stands disposed of.
No costs.
Sd/-
JUDGE PKS