IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.3026/2017 BETWEEN:
1. Jeevan S/o R.P. Naik Aged about 41 years R/at No.135, 11th Cross, Kengeri Satellite Town, Bengaluru-560 060.
2. Shivu S/o R.P. Naik Major in age, R/at No.135, 11th Cross, Kengeri Satellite Town, Bengaluru-560 060.
(By Sri A. Mohamed Khan, Advocate for Sri D. Mohan Kumara ) AND:
State of Karnataka by Upparpet Police Represented by SPP High Court of Karnataka Bengaluru-560 001.
(By Sri Sandesh J. Chouta, SPP-II) …Petitioners …Respondent This Criminal Petition is filed under Section 482 of Cr.P.C praying to quash the entire proceedings in CC No.13667/2015 pending on the file of IX Additional Chief Metropolitan Magistrate at Bengaluru, filed by Upparpet Police in Crime No.277/2014 for the alleged offences punishable under Sections 188, 370(A), 370(3), 294 r/w Section 109 of Indian Penal Code.
This Criminal Petition coming on for Admission this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioners and learned SPP-II for the respondent. Perused the records.
2. The petitioners are arrayed as accused Nos.55 and 56 in C.C.No.13667/2015 on the file of IX Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 188, 370(A), 370(3), 294 r/w Section 109 of IPC.
3. The brief allegations against the petitioners are that the petitioners as customers had been to “Casino Royal” Bar and Restaurant situated at 5th Main Road, Gandhinagar, Bengaluru, wherein in the said Bar some girls were employed for the purpose of dancing and entertaining the customers. Petitioners who were the customers have thrown some amount on those girls and enjoying the dance in the said Restaurant. The police have raided the said premises and thereafter registered a case against number of persons for the offences punishable under Sections 188, 370(A), 370(3), 294 r/w Section 109 of IPC.
4. Under the similar facts and circumstances pertaining to some other case in C.C.No.28501/2015 this Court had occasion to deal with the said aspects where offences under Sections 188, 370(3), 370(A), 294 r/w 109 of IPC are invoked so far as the customers are concerned. This Court in the said case in Criminal Petition No.7935/2016 dated 28.11.2016 has categorically in detail discussed the above said provisions and held that those provisions are not attracted so far as the customers are concerned. In this case also similar facts and legal aspects are involved. There is no reason to deviate from the above said observation made by this Court. Apart from that, Section 188 of IPC cannot be invoked against the petitioners by the police, as there is a specific bar under Section 195 of Cr.P.C. Section 370(3) of IPC defines, whoever for the purpose of exploitation recruits, transports, harbours, transfers or receives a person or persons for the purpose of trafficking, such person is punishable under Section 370 of IPC and if the involvement of more than one victim, then sub-section (3) of Section 370 of IPC is attracted. No where it is stated that the petitioners have indulged in exploitation, recruiting, transporting, harbouring, transferring or receiving any person. In this regard, Section 370(A) of IPC is also referable to exploitation of trafficking any person. There is no allegation whatsoever that these petitioners have exploited for wrongful gain.
5. Section 294 of IPC is also not attracted. It is actually referable to the victims who actually does any obscene act in any public place or by singing, reciting, or uttering any obscene song, ballad or words, in or near any public place. There is no such allegation against these petitioners. Under the above said circumstances, none of the offences alleged in the charge sheet are attracted so far as the petitioners are concerned so as to constitute any offence against them to proceed against them.
ORDER Under the above said circumstances, all further proceedings in C.C.No.13667/2015 deserve to be quashed. Accordingly, the proceedings in C.C.No.13667/2015 and all further proceedings to be taken in pursuance of initiation of the proceedings particularly against these petitioners are hereby quashed.
IA No.1/2017 does not survive for consideration.
Accordingly, the application is disposed of.
ap* Sd/- JUDGE