IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.3430/2019 BETWEEN G. S. MANOHARA GOWDA S/O PATEL SHIVARUDRAPPA AGED ABOUT 41 YEARS AGRICULTURIST R/O CHIKKAGONDANAHALLY VILLAGE, CHITRADURGA – 577 501 ... PETITIONER (BY SRI. K. G. KUMARA, ADVOCATE) AND STATE OF KARNATAKA BY CHITRADURGA TOWN POLICE STATION – 577 501 REP. BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT BUILDING (BY SRI. K. P. YOGANNA, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.285/2018 (C.C.NO.117/2019) OF CHITRADURGA TOWN POLICE STATION CHITRADURGA FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 3, 6, 7 OF IMMORAL TRAFFIC PREVENTION ACT.
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 HCGP for the Respondent–State. Perused the records.
2. A charge sheet has been laid against the petitioner and other accused persons for the offences punishable under Sections 3, 6 and 7 of Immoral Traffic Prevention Act, 1956 and the same is pending on the file of the Principal Civil Judge (Jr.Dn.) and JMFC, Chitradurga District, Chitradurga, wherein the petitioner has been arraigned as Accused No.4.
3. The brief factual matrix of the case is that, on 10.08.2018 at 12.00. noon, the police on an information, have raided Adarsha Lodge situated near Banni Mahakali Temple, Sante Honda, Chitradurga Town, Chitradurga and they found some illegal activities being taken place in a room at 2nd Floor of the said lodge. On the basis of the said information, the police have arrested Accused Nos. 1 to 3 and safeguarded the women therein, who were cited in the charge sheet as CW.3 and CW.4 and the police have also seized some articles from that particular place. As per the charge sheet, Accused No.1 is the Manager of the said lodge and Accused Nos. 2 & 3 are the customers, and Accused No.4 is said to be the owner of the said lodge.
4. As rightly contended by the learned counsel for the petitioner, there is absolutely no mention in the charge sheet about any allegations against the petitioner herein. Even it is not mentioned therein that, he is the owner of the said lodge. Even accepting that he is the owner of the said lodge, there is no allegation or material to show that with his consent or knowledge, Accused No.1 was doing such illegal activity in the said lodge. In the above circumstances, when there is no material available against the petitioner, it appears the petitioner has reasonable apprehension of his arrest in the hands of the respondent-police and implicating him in a criminal case.
5. In the above facts and circumstances of the case, the petitioner is entitled to be enlarged on Anticipatory Bail. Hence, I pass the following order:-
ORDER The petition is allowed. Consequently, the petitioner (A4)- G.S. Manohara Gowda shall be released on bail in the event of his arrest in C.C.No.117/2019 ( arising out of No. 285/2018 of Chitradurga Town Police Station), registered against him for the offences punishable under Sections 3, 6 and 7 of Immoral Traffic Prevention Act, 1956, pending on the file of the Principal Civil Judge (Jr.Dn.) and JMFC, Chitradurga District, Chitradurga, on the following conditions:-
i) The petitioner shall surrender himself before the Jurisdictional court within Ten days from the date of receipt of a certified copy of this order and he shall execute a personal bond for a sum of Rs.50,000/- (Fifty thousand only) with one surety for the like-sum to the satisfaction of the Jurisdictional Court.
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall appear before the trial court on all future dates of hearing unless exempted by the court for any genuine cause.
iv) The petitioner shall not leave the jurisdiction of the trial court without prior permission of the Court, till the case registered against him is disposed of.
Sd/- JUDGE KGR*