Karnataka High Court
Javaregowda vs The State Of Karnataka on 20 April, 2017
Author: Anand Byrareddy
Bench: Anand Byrareddy
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20th DAY OF APRIL, 2017
BEFORE
THE HON'BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION NO.7908 OF 2016
C/W
CRIMINAL PETITION NO.7487 OF 2016
In Criminal Petition No.7908/16
Between:
1. Javare Gowda,
S/o late Mayige Gowda,
Aged about 47 years,
Owner of Narthaki Bar
And Restaurant,
Residency Road,
Bengaluru - 560 025.
2. Alvin,
Major in age,
C/o Narthaki Bar
And Restaurant,
Residency Road,
Bengaluru - 560 025.
3. Suresh,
Aged about 32 years,
S/o Koragappa Poojari,
R/at No.2, Bovi Lane,
2
Ashok Nagar,
Bengaluru - 560 025.
Permanent Address
Ami House,
Vittal Murnoor Grama Village,
Kambala Bettu Post,
Bantvala Taluk,
Dakshina Kannada - 574 243.
4. Venkatappa C.T.,
Major in age,
C/o Narthaki Bar
And Restaurant,
Residency Road,
Bengaluru - 560 025.
5. Boregowda,
Major in age,
C/o Narthaki Bar
And Restaurant,
Residency Road,
Bengaluru - 560 025.
6. Kishore Kumar @ Kishore,
S/o Raju Poojari,
Aged about 30 years,
R/at Govindaraju's House,
8th Cross, Anepalya,
Bengaluru - 560 027.
Permanent Address
Melnakadumburi Mane,
Kalle Post, Karkala Taluk,
Udupi District - 574 104.
3
7. Raju,
Aged about 28 years,
S/o Nagaraje Gowda,
R/at Sante Bylahalli,
K.R.Pete,
Mandya District - 571 426.
8. Srikanta Reddy,
Aged about 26 years,
S/o Venkatarama Reddy,
R/at No.E35, 9th Cross,
2nd Main, Thyagaraja Nagara,
Bengaluru - 560 028.
9. Manje Gowda,
S/o Shive Gowda,
Aged about 37 years,
R/at No.9, Honnaiah Building,
Nelagedaranahalli, Peenya,
Bengaluru - 560 058.
10. Prakash,
S/o Tikappa Gowda,
Aged about 37 years,
R/at No.33/27, 1st Cross,
1st Main, Yeshwanthpura,
Bengaluru - 560 022.
11. Kruthan,
S/o Krishne Gowda,
Aged about 22 years,
R/at Heballalu Village,
Badikeri Post,
Channarayapatna,
Hassan - 573 131.
4
12. Devaraju,
S/o Huchappa,
Aged about 28 years,
R/at Nedehalli,
Soraba Taluk,
Shivamogga - 577 429.
13. Suman Debanath,
S/o Sujakanth Debanath,
Aged about 32 years,
R/at No.64, 7th Cross,
Halsoor Garden Lake,
Halsoor,
Bengaluru - 560 042.
14. Sharath Kumar,
S/o Mithra,
Aged about 35 years,
R/at Durga Nivas,
2nd Main, 1st Cross,
Land Links,
Mangaluru - 575 001.
15. Manjunath R Gowda,
S/o Rajanna L Gowda,
Aged about 35 years,
R/at No.7, 3rd Cross,
2nd Block, Peenya 1st Stage,
Bengaluru - 560 058.
16. Swami Gowda,
S/o Maake Gowda,
Aged about 22 years,
R/at Maragondanahalli,
Agrahara Bachahalli Post,
K.R. Pete Taluk, Mandya - 571 605.
5
17. Yogesh,
S/o Range Gowda,
Aged about 21 years,
R/at No.26, Markham Road,
Ashok Nagar,
Bengaluru - 560 025.
18. Padmakaran,
S/o Diwakar,
Aged about 23 years,
R/at Kalluru, Kauchur Post,
Siddapura Taluk,
Karwar - 581 355. ...Petitioners
(By Shri. M.T. Nanaiah, Sr. Counsel for
Shri. M.R.C. Manohar, Advocate)
And:
1. The State of Karnataka,
By Ashok Nagar Police Station,
Represented by
State Public Prosecutor,
High Court Complex,
Bangalore - 560 001.
2. Sri. Vinay A Goankar,
Assistant Commissioner of Police,
Cubbon Park Sub - Division,
Bangalore - 560 001. ...Respondents
(By Shri. Vijayakumar Majage, Addl. SPP)
---
This Criminal Petition is filed under Section 482 of
Cr.P.C. praying to quash the FIR and complaint in
6
Cr.No.192/2016 registered by Ashok Nagar P.S., Bangalore
for the offence P/U/S 370(3), 370(A)(2), 294, 109, 120(B) of
IPC against the petitioners who are arrayed as Accused
No.1 to 18 respectively and now the case is pending on the
file of XI A.C.M.M., Bangalore.
In Criminal Petition No.7487/16
Between:
1. Omprakash Yadav,
Aged about 38 years,
S/o Suraj Bali Yadav,
R/at No.604,Alhadi Building,
Meera Bynder Road,
Mumbai - 110 001,
Maharastra.
2. Smt. Vanitha,
Aged about 48 years,
W/o Ashwathappa,
R/at No.70, Hemendra Nilaya,
4th Cross, Chikkanna Layout,
Maheshwari Nagar,
Bengaluru - 560 048.
3. Smt. Shanthy Swaroop,
Aged about 45 years,
W/o S R Mukunda,
R/at No.49/2,4th B Cross,
Manoyaranapalya,
Cholanayakanahalli,
Seethappa Layout,
R T Nagar,
Bengaluru - 560 032.
7
4. Dhanendra,
Aged about 28 years,
S/o Mayegowda,
R/o Agarar Bachaahlli,
K R Pet Taluk,
Mandya District - 571 401.
5. Syed Sameer,
Aged about 26 years,
S/o Nasir Khan,
R/at No.22/8, Arasikere,
Opp: Ramu Dish,
Hassan District - 573 201.
6. Nagesh L R.,
S/o Late Rangappa Gowda,
Aged about 56 years,
R/at No.71, 2nd Main Road,
Siddeshwara Layout,
Sidedahalli, Nagasandra Post,
Bengaluru - 560 073.
7. Murthy,
S/o Kumaraswamy,
Aged about 31 years,
R/at No.54, Nanjappa Building,
Dinnur Main Road, R T Nagar,
Bengaluru - 560 032.
8. Siddaraja Singh Wagela,
S/o Jayavanth Singh,
Aged about 29 years,
R/at No.302, Babu Reddy Building,
Near Shiva Theatre,
2nd Cross, Koramangala,
Bengaluru - 560 034.
8
9. Mohan Kumar,
S/o Chenaram,
Aged about 31 years,
R/at No.38, 2nd Cross,
Ring Road, Anajaneya Nagar,
B.S.K.3rd Stage,
Bengaluru - 560 085.
10. Mahesh,
S/o Kulle Gowda,
Aged about 38 years,
Sarigenahalli Village,
Seelanakere Hobli,
K.R. Pete Taluk,
Mandya District - 571 401.
11. Ramesh,
S/o Buriya,
Aged about 30 years,
R/o Kalkappa Village,
Sirsi Taluk,
Uttara Kannada District - 581 359.
12. Umesh,
S/o Nanaiah,
Aged about 49 years,
R/at No.6, 1st A Main,
Nanjappa Layout, Adugodi,
Bengaluru - 560 030.
13. Kumara,
S/o Shivalingu,
Aged about 35 years,
Koratagere Village,
K.R Pete Taluk,
Mandya District - 571 401.
9
14. Venkatesh M P,
S/o Late Puttaganganna,
Aged about 33 years,
R/at No.834,13th Main,
Indiranagar Slum,
Rajajinagara,
Bengaluru - 560 010.
15. Chengappa,
S/o Kariappa,
Aged about 32 years,
R/at No.1,1st Cross,
4th Main, K.R. Puram,
Bengaluru - 560 036.
16. Rajesh,
S/o Venkatesh,
Aged about 23 years,
16th Cross, Near Bright Way School,
Uttarahalli,
Bengaluru - 560 085.
17. Jayaram,
S/o Venkatesh,
Aged about 29 years,
C.S. Pura, Gubbi Taluk,
Tumkur District - 572 101.
18. Sathish,
S/o Basava,
Aged about 40 years,
R/at No.203/A, 2nd Cross,
Mariyappana Palya,
Bengaluru - 560 037.
10
19. Sanjeev,
S/o Devaraj,
Aged about 24 years,
Sigga Village, Sorabha Taluk,
Shivamogga - 577 201.
20. Suresh,
S/o Annayya,
Aged about 22 years,
Govenahalli, Kikkeri Hobli,
Mandya District - 571 401.
21. Ranjith,
S/o Annegowda,
Aged about 20 years,
Hirisave, Chanrayapattana Taluk,
Hassan District - 573 116.
22. Litan,
S/o Thapan,
Aged about 21 years,
Thripura,
Assam State - 799 269.
23. Thapasvi,
S/o Sundaresh,
Aged about 25 years,
R/o Konandur,
Thirthahalli,
Shivamogga - 577 201.
24. Prem Kumar,
S/o Parashuramappa,
Aged about 22 years,
R/o Kodakani Village,
11
Soraba Taluk,
Shivamogga District - 577 201.
25. Shivarathod,
S/o Ramappa,
Aged about 24 years,
R/at No.204, 3rd Cross,
S.R. Nagar,
Bengaluru - 560 027.
26. Salman,
S/o Akbar Kashim,
Aged about 24 years,
R/o Radha Nivas,
Mangaluru - 575 002.
27. Lava,
S/o Madappa,
Aged about 44 years,
R/o Karada Village and Post,
Virajpet Taluk,
Kodagu District - 571 218.
28. K E Chengappa,
S/o K C Eshwarappa,
Aged about 33 years,
R/o Kumabaragadige Village,
Sorlabbi Post, Somwarpet Taluk,
Kodagu District - 571 236.
29. Sanjunegi,
S/o Nanlal Singh Negi,
Aged about 29 years,
R/o Muniyas Village,
Bidoli Post, Dehradun District,
Uttarakand State - 248 001.
12
30. Gyan Singh,
S/o Ganesh Kumar,
Aged about 26 years,
R/o Gangothri P.G,
Near Mahaja Hotel,
Koramangala 4th Block,
Bengaluru - 560 034.
31. Chandrashekar,
S/o Kariappa,
Aged about 32 years,
R/o Panchanahalli Village & Post,
Kadur Taluk,
Chikkamagaluru District - 577 101.
32. Sudharshan Devanath,
S/o Chitraranjan Devanath,
Aged about 35 years,
R/at No.39, Masjid Street,
Neelasandra,
Bengaluru - 560 042.
33. Prashan Jeethnath,
S/o Kanu,
Aged about 22 years,
R/at No.82, 7th Cross,
Anepalya, Adugodi,
Bengaluru - 560 030.
34. Athul Devanath,
S/o Vinod Devanath,
Aged about 30 years,
R/o Kalandaba Garama,
Dhukkina,
Thirupura State - 766 269.
13
35. Chandru,
S/o Nagaraj,
Aged about 24 years,
R/o Mahadevapura Village,
Uddur Post, Hunasur Taluk,
Mysuru District - 571 105.
36. Anand Gowda,
S/o Thimmegowda,
Aged about 33 years,
R/o Vaddarahalli Village,
Kasaba Hobli,
Pandavapura Taluk,
Mandya District - 571 401.
37. Gopala Gowda,
S/o Thimmegowda,
Aged about 36 years,
R/o Vaddarahalli Village,
Kasaba Hobli,
Pandavapura Taluk,
Mandya District - 571 401.
38. Ajay,
S/o Thiru,
Aged about 26 years,
R/o Thirukovil Village,
Villupuram District,
Tamil Nadu - 634 004.
39. Munawar Hussain,
S/o Bahaluddin,
Aged about 31 years,
C/o Babu, No.255/299,
Bengaluru - 560 010.
14
40. Karthik,
S/o Muralidhar,
Aged about 21 years,
R/at No.43, 7th Cross,
M.V. Nagar, Ramamurthy Nagara,
Bengaluru - 560 016.
41. Mahesh Kumar Tayal,
S/o Nandakishor Tayal,
Aged about 49 years,
R/at No.39/1, 10th Cross,
Cholurpalya,
Bengaluru - 560 023. ...Petitioners
(By Shri. M.T. Nanaiah, Sr. Counsel for
Smt. Rachita Nanaiah M., Advocate)
And:
1. The State of Karnataka,
By Ashok Nagar Police Station,
Rep. by State Public Prosecutor,
High Court Complex,
Bangalore - 560 001.
2. K S Tanveer,
Police Inspector,
Central Crime Branch,
(Women & Narcotics Squad)
Bangalore - 560 002. ... Respondents
(By Shri. Vijayakumar Majage, Addl. SPP)
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This Criminal Petition is filed under Section 482 of
Cr.P.C. praying to quash the complaint and FIR in
Cr.No.189/2016 registered by Ashok Nagar P.S., Bangalore
for the offence P/U/S 370(3), 370(A)(2), 294, 109, 120B of
IPC against the petitioners who are arrayed as Accused
No.3 to 24, 26 to 29, 31 to 36, 38 to 41 and 43 to 47 and
now the case is pending on the files of XI ACMM,
Bangalore.
These Petitions coming on for admission this day, the
Court made the following:-
ORDER
Heard the learned Senior Advocate Sri M T Nanaiah, appearing for the counsel for the petitioners and the learned additional State Public Prosecutor is directed to take notice for the respondents.
2. It is alleged that on 8.5.2016 at about 1 p.m. the Police Inspector, CCB (W & N Squad), Bengaluru had filed a complaint before the second respondent police to state that on 7.5.2016 at about 10 p.m. he had received credible information through informants that at a building No.50, Gold Tower, Times Bar and Restaurant, Residency Road, Bengaluru the owner and Manager had brought 16 women from out of the state and had employed them as bar girls in the bar and restaurant and they were made to wear skimpy clothes and to dance before the customer in order to entice them for sexual activities and the customers in turn were rolling currency notes on the girls and therefore it was alleged that these activities amounted to offence punishable under the Indian Penal Code namely Sections 370(A)(2), 370(3), 294, 109 and 120(B). The learned Senior Advocate would draw attention to the text of these provisions to demonstrate that the allegations made against the petitioners herein who were said to be customers at the bar and restaurant and the staff employed in the bar and restaurant would not be said to have committed any offence falling under the above said provisions as the intent of those provision is alient to the alleged offences committed by the present petitioners and accordingly would seek that the proceedings be quashed.
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3. The learned Additional State Public Prosecutor would submit that the grounds in the petition oversimplifies the matter and it is a serious issue of young women having been exploited sexually and therefore the mater would have to run its course. The Manager of the hotel had organized the activity would certainly be fall under the provisions of the Act and the employees and others who have facilitated and encouraged the activity would be guilty of abatement and therefore the matter would have to run its course at the trial and cannot be summarily disposed of only on addressing question whether the sections invoked would make out an offence committed by the present petitioners. The allegation that the women being sexually exploited cannot be readily presumed even if they were employed as bar girls as the law does not prohibit employment of women as bar girls and the allegation that they were made to entice the men for sexual activities is again a presumption. In any event 18 the sections invoked do not squarely make out offences alleged in so far as the petitioners are concerned. Therefore as rightly contended by the learned Senior Advocate on a prima facie examination there is no case made out against the petitioners as they were merely the customers visiting the bar and restaurant for food and drink and incidentally if there were women employed at the bar and restaurant that would not lead to a presumption that they have been sexually exploited and if some of the petitioners were said to be staff members it cannot be said that they were assisting in such exploitation.
4. Incidentally the learned State Public Prosecutor would point out that in so far as accused Nos.1 to 7 in Crl.P.No.7487/2016 are concerned, they are alleged to have brought the women from outside the state for sexual exploitation on the footing that they would be provided jobs. In this regard the learned Senior Advocate would point out that they have been indeed provided jobs and 19 they were working as bar girls. This do not lead presumption that they have been sexually exploited. Therefore, there is no substance in the contention.
5. Accordingly the petitions are allowed. The proceedings pending in Crime Nos.189/2016 and 192/2016 registered by Ashok Nagar Police Station, Bengaluru stands quashed in so far as the petitioners are concerned.
Sd/-
JUDGE ykl