IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF MAY, 2017 BEFORE THE HON'BLE MRS JUSTICE RATHNAKALA CRIMINAL PETITION NO.4247 OF 2017 BETWEEN:
KARIBASAVAIAH @ K.B. S/O VENKATAPPA AGED 39 YEARS NO.A-1, 4TH BLK, CAR SOUTH QUARTERS ADUGODI, BANGALORE – 560 030.
... PETITIONER (BY SRI R.P.CHANDRASHEKAR, ADV.,) AND:
STATE OF KARNATAKA BY MICO LAYOUT POLICE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING COMPLEX BANGALORE – 01.
... RESPONDENT (BY SRI CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.232/2017 OF MICO LAYOUT POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 3, 4, 5, 7 AND 9 OF IMMORAL TRAFFIC PREVENTION ACT, 1956 AND U/S.370 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned HCGP is directed to take notice for the respondent-State.
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent- State.
2. The respondent-Police registered a case against five accused persons in their Crime No.232/2017 for the offences punishable under Sections 3, 4, 5, 7 and 9 of Immoral Traffic Prevention Act, 1956 and Section 370 of IPC. During the course of investigation, the petitioner is implicated as accused No.7 he is a police constable.
3. Sri R.P.Chandrashekar, learned counsel for the petitioner submits that for the first time the petitioner name was mentioned in the remand application dated 23.4.2017 on the voluntary statement of the arrested accused Nos.1 and 3. The petitioner is falsely implicated and he undertakes to co- operate with the Investigating Officer during the further course of investigation.
4. The definite role attributed against this petitioner is, he connived with the co-accused persons for monetary benefit to run the brothel. He is in custody since 22.4.2017 and not required any more in police custody for purpose of further investigation. In the given circumstance, there is no impediment to allow the petition.
5. Accordingly, petition is allowed. Petitioner is enlarged on bail in Crime No.232/2017 registered by the respondent- Police, subject to following conditions:
(i) He shall execute a self bond for a sum of Rs.50,000/- with one surety for the likesum;
(ii) He shall co-operate with the Investigating Officer during further course of investigation and shall not indulge in similar activities.
Sd/- JUDGE PB