IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8237 OF 2019 BETWEEN:
K.SHIVASHANKAR @ GANDHI, S/O KRISHNAPPA, AGED ABOUT 32 YEARS, R/O NO.402, NEAR BALAJI CHOULTRY, MUNIAMMA LAYOUT, BANGARPET TOWN, K.G.F DISTRICT – 563114. …PETITIONER (BY SRI MUZAFFAR AHMED, ADVOCATE) AND:
THE STATE OF KARNATAKA, BANGARPET P.S.
REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT PREMISES, BANGALORE – 560 001. …RESPONDENT (BY SRI HONNAPPA, HCGP) **** THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.231/2019 REGISTERED BY BANGARPET POLICE STATION, K.G.F. FOR THE OFFENCE P/U/S 370 OF IPC AND SECTION 3,4 AND 5 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 Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. Petitioner is the sole accused in Crime No.231/2019 of Bangarpet Police Station, KGF, for the offence punishable under Sections 3, 4 and 5 of Immoral Traffic Prevention Act, 1956, and also under Section 370 of IPC.
3. The allegations are that the petitioner herein has been running a brothel house and the police have raided the said house situated at Kaveri Nagar, infront of RR Convention Hall, KGF, Bangarpet, on 23.10.2019 and found as many as two girls in the said house indulged in prostitution. On the above said allegations, the petitioner- accused was arrested by the respondent-Police.
4. Learned HCGP submits that investigations is still in progress. Under the above said circumstances, the Police have to collect all the materials about the antecedents of the petitioner and also the information about the victims, who were there in the said house on that particular date, etc. Accordingly, the petition stands dismissed.
However, liberty is given to the petitioner to approach the concerned Court for grant of bail immediately after filing of the charge sheet and in that eventuality, the trial Court has to apply its mind and dispose of the said petition afresh as expeditiously as possible in accordance with law.
BSR Sd/- JUDGE