Karnataka High Court
Tanveer Mandal vs State Of Karnataka on 7 August, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:27802
CRL.P No. 6359 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 6359 OF 2023
BETWEEN:
TANVEER MANDAL
S/O SADHVIK MANDAL
AGED ABOUT 25 YEARS
R/AT 2ND CROSS, KENGERI
BENGALURU - 560 060
NATIVE: PAKKAPADA VILLAGE
BILONIYA TOWN, AMJID NAGAR
ARGATHAL, THRIPURA
Digitally
WEST BENGAL - 799 001.
signed by
NANDINI MS
...PETITIONER
Location:
High Court of
Karnataka
(BY SRI RAKSHITH R, ADV.)
AND:
STATE OF KARNATAKA
BY KENGERI POLICE STATION
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
...RESPONDENT
(BY SMT. K.P. YASHODA, HCGP)
THIS CRL.P FILED U/S 439 CR.PC PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN C.C.NO.8157/2023 (CR.NO.440/2022) OF
KENGERI P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 370 OF
IPC AND SEC.3,4,5 OF IMMORAL TRAFFIC PREVENTION ACT ON THE
FILE OF THE 1ST A.C.M.M, AT BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2023:KHC:27802
CRL.P No. 6359 of 2023
ORDER
1. Accused no.1 in S.C.No.1136/2023 pending on the file of LXXI Addl. City Civil & Sessions Judge, Bengaluru, arising out of Crime No.440/2022 registered by Kengeri Police Station, Bengaluru City, for the offences punishable under Section 370 IPC, Sections 3, 4 & 5 of Immoral Traffic Prevention Act, 1956, and Section 14 of the Foreigners Act, 1946, is before this Court seeking regular bail.
2. Heard the learned Counsel for the parties.
3. On the basis of the complaint dated 15.12.2022 lodged by the Inspector of Police, City Crime Branch, Bengaluru City, Kengeri Police have registered FIR in Crime No.440/2022 for the aforesaid offences against four accused persons. Petitioner is arrayed as accused no.1 in the said FIR.
4. In the complaint, it is stated that the complainant had received credible information on 15.12.2022 about the prostitution activities and illegal trafficking of human in the premises bearing Nos.40 & 41, 2nd Floor, 2nd Cross, Vinayakanagar, Kengeri, Bengaluru, and accordingly, at about 4.00 p.m. on 15.12.2022, the complainant along with his staff -3- NC: 2023:KHC:27802 CRL.P No. 6359 of 2023 had raided the said house and arrested the accused persons and also rescued two ladies who were found in the said house. Thereafter, the accused persons were brought to the police station and complaint was lodged, based on which, FIR was registered in Crime No.440/2022.
5. Petitioner's application seeking bail in Crl.Misc.No.4993/2022 was dismissed by the LXXI Addl. City Civil & Sessions Judge, Bengaluru, on 16.06.2023. It is under these circumstances, petitioner is before this Court.
6. Learned Counsel for the petitioner has reiterated the grounds urged in the petition and submits that investigation in the case is completed and charge sheet has been already filed. He submits that the offence under Section 14 of the Foreigners Act, 1946, has been deleted in the charge sheet. He submits that Accused no.4 has been already enlarged on bail.
7. Per contra, learned HCGP has opposed the petition and prays to dismiss the petition.
8. On receipt of credible information, the complainant and his staff had raided the property in which the petitioner along with the other accused persons was allegedly carrying on illegal -4- NC: 2023:KHC:27802 CRL.P No. 6359 of 2023 business of prostitution. The petitioner is in custody ever since 15.12.2022. The offence under Section 14 of the Foreigners Act, 1946, has been dropped against the petitioner while filing the charge sheet. The offences under Section 370 IPC and Sections 3, 4, 5 of Immoral Traffic Prevention Act, 1956, are not exclusively punishable with death or life imprisonment. The investigation is completed and charge sheet has been already filed, and therefore, petitioner's custody is no more required by the prosecution. Under the circumstances, I am of the view that the petitioner has made out a prima facie case for grant of regular bail. Accordingly, the following order:
9. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.1136/2023 pending on the file of LXXI Addl. City Civil & Sessions Judge, Bengaluru, arising out of Crime No.440/2022 registered by Kengeri Police Station, Bengaluru City, for the offences punishable under Section 370 IPC, and Sections 3, 4 & 5 of Immoral Traffic Prevention Act, 1956, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with one local surety for the likesum, to the satisfaction of the jurisdictional Court; -5-
NC: 2023:KHC:27802 CRL.P No. 6359 of 2023
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off;
f) In the event the petitioner violates any of the bail conditions, the State is at liberty to seek for cancellation of bail.
Sd/-
JUDGE KK