IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.1432/2019 BETWEEN:
ARAVIND S/O SHEKAR PREVIOUS RESIDING ADDRESSS: NO.249 MBT ROAD, PULIYANTHANGAL YERIKODI, BHEL POST VELLORE DISTRICT, PIN: 632 403.
PRESENTLY RESIDING ADDRESS NO:25, AMMAIYAPPAN NAGAR ARIYUR VELLUR, TAMIL NADU PIN – 632 055.
... PETITIONER (BY SRI. PRABHUGOUD B TUMBIGI., ADVOCATE) AND:
STATE BY KARNATAKA MYSORE POLICE UDAYA NAGAR POLICE STATION MYSORE PIN: 570 019 REP. BY SPP, HIGH COURT OF KARNATAKA, BANGALORE – 01.
... RESPONDENT (BY SRI. S. RACHAIAH., HCGP) THIS CRIMINAL PETITION FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN CRIMINAL CASE INSTITUTED BY RESPONDENT UDAYAGIRI POLICE, MYSORE FOR THE ALLEGED OFFENCES P/U/S 3, 4, 5, 6, 7 OF I.T.P ACT AND U/S 370(A)92) OF IPC IN C.C.NO.3373/2018 PENDING ON THE FILE OF II ADDITIONAL I CIVIL JUDGE AND JMFC, MYSORE IN SO FAR AS THE PETITIONER (A3) IS CONCERNED.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner herein is arraigned as accused No.3 in Crime No. 346/2017 for the offences punishable under Sections 3, 4, 5, 6 and 7 of the Immoral Traffic Prevention Act, 1956 and Section 370A(2) IPC.
2. On careful perusal of the contents of the charge sheet material, it would disclose that specific allegations is made against petitioner that he was found at the place where brothel was being run and was a customer at the brothel house.
3. Learned counsel appearing for the petitioner has relied upon the order passed by a co- ordinate Bench of this Court in Crl.P. No. 1728/2017 (Mahadeva C. and Anr. Vs. State of Karnataka) disposed of on 07.06.2017, whereunder, after examining and analyzing Sections 3, 4 and 5 of the ITP Act, 1956 it has been held that Sections 3, 4 and 5 of ITP Act would not be attracted insofar as petitioners therein are concerned since, they were said to be customers or who were soliciting and prosecution had failed to make out case against the accused persons therein for the aforesaid offences.
4. A bare reading of Sections 3, 4 and 5 of the ITP Act would clearly indicate that they are in no way attracted insofar as providing any punishment to the customers who were present at the venue where alleged brothel was being run. In the absence of any penal provisions, customers though are in a way contributing to encourage prostitution and which leads to exploitation of women who are in penury, such persons (customers) cannot be held as liable for want of penal provision.
5. It is also noticed that Section 370A(2) IPC has been invoked against petitioner. The material on record do not disclose that there is no whisper about petitioner having engaged in trafficking of minor girls or he had reason to believe that girls who had been alleged to have indulged in sexual exploitation had been trafficked. Thus, said provision would not be attracted insofar as petitioner is concerned and continuation of proceedings against petitioner would be an abuse of process of law.
6. In the light of the aforestated facts, I do not find any good ground to differ from the view expressed by Coordinate Bench of this Court and as such, present petition deserves to be allowed.
Hence, I proceed to pass the following;
O R D E R (i) Criminal Petition is allowed.
(ii) Proceedings pending in C.C. No. 3373/2018 (arising out of Crime No.346/2017) on the file of *II Additional Civil Judge (Jr.Dn) and JMFC Court, JLB Road, Mysuru, registered for the offences punishable under Sections 3, 4, 5, 6 and 7 of the ITP Act and Section 370A(2) IPC is hereby quashed insofar as it relates to the petitioner herein and he is acquitted of aforesaid offences.
SD/- JUDGE *sp *Corrected V.C.O. dtd 03-09-2019.