Karnataka High Court
Akthar Mondal vs State Of Karnataka on 4 September, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:31871
CRL.P No. 7787 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 7787 OF 2023
BETWEEN:
1. AKTHAR MONDAL
S/O USMAN MONDAL
AGED ABOUT 28 YEARS
R/AT NO 10, 26TH CROSS
4TH MAIN, KIRLOSKAR LAYOUT
BENGALURU - 560 099
NATIVE BARASAL VILLAGE
JABBISPURA, 24 PARAGANS
WEST BENGAL.
Digitally
signed by
NANDINI MS 2. ELAHI SOBUJ
Location: S/O ALANGIR
High Court of AGED ABOUT 25 YEARS
Karnataka
R/AT 2ND CROSS
KENGERI, BENGALURU - 560 060
NATIVE PAKEPADA, BUNGAR
NORTH 24 PARAGANS
WEST BENGAL.
...PETITIONERS
(BY SRI LIKITHA M, ADV., FOR
SRI RAKSHITH R, ADV.)
AND:
STATE OF KARNATAKA
BY KENGERI POLICE STATION
REPRESENTED BY SPP
HIGH COURT OF KARANTAKA
BENGALURU - 560 001.
...RESPONDENT
(BY SMT. N. ANITHA GIRISH, HCGP)
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NC: 2023:KHC:31871
CRL.P No. 7787 of 2023
THIS CRL.P FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN S.C.NO.1136/2023 (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 LXXI ADDL.CITY CIVIL AND SESSIONS JUDGE AT
BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. Accused nos.2 & 3 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, are 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. Petitioners are arrayed as accused no.2 & 3 in the said FIR. -3-
NC: 2023:KHC:31871 CRL.P No. 7787 of 2023
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 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. Petitioners application seeking bail in Crl.Misc. No.4590/2023 was dismissed by the LXXI Addl. City Civil & Sessions Judge, Bengaluru, on 30.06.2023. It is under these circumstances, petitioners are before this Court.
6. Learned Counsel for the petitioners 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 -4- NC: 2023:KHC:31871 CRL.P No. 7787 of 2023 Act, 1946, has been deleted in the charge sheet. He submits that Accused nos.1 & 4 have 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 petitioners along with the other accused persons was allegedly carrying on illegal 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, petitioners custody is no more required by the prosecution. Under the circumstances, I am of the view that the petitioners have made out a prima facie case for grant of regular bail. Accordingly, the following order:
9. The petition is allowed. The petitioners are directed to be enlarged on bail in S.C.No.1136/2023 pending on the file of -5- NC: 2023:KHC:31871 CRL.P No. 7787 of 2023 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) Petitioners each 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;
b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;
c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioners shall not involve in similar offences in future;
e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.-6-
NC: 2023:KHC:31871 CRL.P No. 7787 of 2023
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