IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9226/2018 BETWEEN:
1. Smt.Cynthya W/o Praveen Aged about 44 years, R/at # 2-7-520/35, Kottara First Cross Street, Near Vaidyanatha Temple, Bejai, Mangaluru – 575 004. D.K.
2. G.Ramesh S/o Ganappa Poojary, Aged 33 years, R/at # 1-69, Suresh Nilaya, Gundmi, Sasthana Post, Udupi – 576 226.
...Petitioners (By Smt.Gayathri Bhat.H, Advocate for Sri.P.P.Hegde, Advocate) AND:
The State of Karnataka Through the Sub Inspector of Police Station, Vittal, Bantwal Taluk, Barke Police Station, Mangaluru. (Represented by the State Public Prosecutor, High Court of Karnataka, Bengaluru.) ... Respondent (By Sri. K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioners on bail in the event of their arrest in Crime No.154/2018 of Barke Police Station, Mangaluru City for the offence punishable under Sections 3(1), 4, 5, 8 of Immoral Traffic Prevention Act, 1956.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioners/accused Nos.1 and 2 under Section 438 of Cr.P.C. praying this Court to release them on anticipatory bail in the event of their arrest in Crime No.154/2018 of Barke Police Station for the offences punishable under Sections 3(1), 4, 5, 8 of Immoral Traffic Prevention Act, 1956.
2. I have heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent-State.
3. On credible information on 21.09.2018 at about 5.30 P.M., the respondent police after obtaining search warrant went to Massage Centre run by petitioner/accused No.1 and therein they made a search. They noticed that accused Nos.1 and 2 by engaging the girls have indulged in the prostitution. They recorded the statement of the said girls and the persons who had stayed there. They also recovered the amount collected in this behalf and a case was registered.
4. It is the submission of the learned counsel for the petitioners/accused Nos.1 and 2 that they were running Massage Centre and they have not been apprehended in the said crime. She further submits that they have a licence to run the said Massage Centre.
The said alleged offences are not punishable with death or imprisonment for life. The petitioners/accused Nos.1 and 2 are ready to co-operate with the investigation, abide by any conditions that may be imposed on them by this Court and ready to offer sureties. On these grounds, she prayed to allow the petition and to release the petitioners/accused Nos.1 and 2 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioners/accused Nos.1 and 2 are the main accused who used to engage the poor girls in prostitution. The amount which has been paid by the customers has been recovered and the petitioners/accused Nos.1 and 2 are absconding and they are very much essential for the purpose of interrogation. He further submitted that if the petitioners/accused Nos.1 and 2 are released on bail, they may abscond and may not be available for trial. Further, it is submitted that petitioners/accused Nos.1 and 2 are highly influential persons. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced in this behalf.
7. As could be seen from the records, it is specific case of the prosecution that the said centre wherein the raid has been made is a Massage Centre. On close reading of contents of the complaint it indicates that in all the three rooms similar activities were taking place and the said complaint is like a stereo type complaint and neither there is any change with the physical position of a man and women and even the reply given by them also. That itself goes to show that there is a prima face case made out by the petitioners/accused Nos.1 and 2. Even the alleged offences are not punishable with death or imprisonment for life. I feel that by imposing stringent conditions, petitioners/accused Nos.1 and 2 may be ordered to be released on bail.
8. In the light of the above facts and circumstances, petition is allowed and the petitioners/accused Nos.1 and 2 are ordered to be released on anticipatory bail, in the event of their arrest in Crime No.154/2018 of Barke Police Station for the offences punishable under Sections 3(1), 4, 5, 8 of Immoral Traffic Prevention Act, 1956, subject to the following conditions:
1. In the event of their arrest, the Investigating Officer is directed to enlarge them on bail on they being executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties each for the likesum to the satisfaction of the Investigating Officer.
2. They shall surrender before the Investigation Officer within 15 days from today.
3. They shall co-operate with the Investigation Officer.
4. They shall not indulge in similar type of activities.
5. They shall not leave the jurisdiction of the Court without prior permission.
6. They shall mark their attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the jurisdictional police station till the trial is concluded.
7. They shall be regular in attending the Court.
Sd/- JUDGE UN