Mr.D . Lokesh Shetty vs The State Of Karnataka, By Yelwala ... on 5 June, 2013

[Cites 7, Cited by 0]

Karnataka High Court

Mr.D . Lokesh Shetty vs The State Of Karnataka, By Yelwala ... on 5 June, 2013

Bench: Anand Byrareddy

                              -1-



IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 5TH DAY OF JUNE 2013

                           BEFORE

   THE HON'BLE MR.JUSTICE ANAND BYRAREDDY

            CRIMINAL PETITION NO.3174/2013

BETWEEN:

Mr.D.Lokesh Shetty,
Aged 50 Years,
S/o Late D.J.Shetty,
Kmana Koppalul Village,
Hunsure -Mysore Road,
Near RMP Mysore Taluk - 571 102.
                                                   ...Petitioner
(By Sri D.R.Sundresha, Advocate)

AND:

The State of Karnataka,
By Yelwala Police,
Mysore Taluk,
Mysore - 571 102.
                                        ...Respondent
(By Sri Raja Subramanya Bhat, Government Pleader)

      This Criminal Petition is filed under section 438 code of
Criminal Proceedure praying to enlarge the petitioner on bail in
the event of his arrest in CR.No.76/2013 of Yelawala Police
Station, Mysore, which is registered for the offence Punishable
under section 366(A), 344 read with 34 of Indian Penal Code
and Section 3,4,5,6,7 and 9 of Prevention of Immoral Traffic
Act.
                               -2-



      This Criminal Petition coming on for Orders this day, the
Court made the following:


                           ORDER

Heard the learned Counsel for the petitioner and the learned Government Pleader. The petitioner is said to be the owner of a hotel known as Udupi Yatrik Hotel, Yelawala. It is alleged that the petitioner along with one Putta Raju had brought women from Calcutta and Andra Pradesh and were running a brothel. The Police having raided the place had recovered condoms, mobile phones and cash. It is on that basis that a case is registered for offences punishable under Sections 366(a), 344 read with 34 of the Indian Penal Code, 1860 and Sections 3, 4, 5, 6, 7 and 9 of the Prevention of Immoral Traffic Act, 1956. There were ten women who were rescued and sent back to their place of origin. The present petitioner is before this Court seeking anticipatory bail since the Court below has rejected the same.

2. Given the circumstances that the petitioner was said to be the owner of the premises, the complicity of the petitioner in having also indulged in prostitution would have to be -3- established at the trial. In the facts and circumstances of the case, the petitioner has made out a case for the relief. Accordingly, in the event of his arrest he shall be enlarged on bail on the following conditions:

(a) That the petitioner shall execute a self bond for a sum of Rs.1,00,000/- with a solvent surety for a like sum to the satisfaction of the Court below;

(b) That the petitioner shall not seek to influence the prosecution witnesses in any manner;

(c) That the petitioners shall attend the Court on all dates of hearing; and

(d) That the petitioners shall co-operate with the Investigating Authority.

Sd/-

JUDGE nd/-

Unlock Advanced Research with PRISMAI

Karnataka High Court