IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION NO.9147/2018 BETWEEN:
KRISHNA @ KRISHNA KUMAR @ KRISHNA KUMAR G. SONI SRI KRISHNA KUMAR J. SONI S/O JAYANTHILAL C. SONI AGED ABOUT 26 YEARS R/AT NO.876/2 NEAR PATELESWARA TEMPLE DODDAPETE DAVANAGERE – 577 001 … PETITIONER (BY MS. SHIVALEELA C.S., FOR SRI K. MURTHY, ADVOCATES) AND:
1. THE STATE OF KARNATAKA THE STATION HOUSE OFFICER DCIB, DAVANAGERE REPRESENTED BY ITS GOVERNMENT PLEADER HIGH COURT COMPLEX BENGALURU – 560 009 2. THE POLICE INSPECTOR WOMEN POLICE STATION ] DAVANAGERE TOWN REPRESENTED BY ITS GOVERNMENT PLEADER HIGH COURT COMPLEX BENGALURU – 560 009 … RESPONDENTS (BY SRI S. RACHAIAH, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE FIR AT ANNEXURE – B REGISTERED IN SO FAR AGAINST THE PETITIONER IN CR.NO.135/2018 DATED 30.08.2018 P/U/Ss.3, 4, 5 OF I.T.P. ACT R/W.370 OF IPC CONSEQUENTLY QUASH PROCEEDINGS PENDING BEFORE THE III-JMFC, DAVANAGERE AS PER ANNEXURE – C BY ALLOWING THIS CRIMINAL PETITION AS PRAYED FOR ETC.
THIS CRIMINAL PETITION IS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. Ms. Shivaleela C.S., learned advocate for the petitioner submits that, police have conducted a raid on a brothel house and apprehended the petitioner. He has been charged for commission of offences punishable under Sections 3, 4 and 5 of the Immoral Traffic (Prevention Act), 1956 (‘the Act’ for short). Petitioner is a customer and therefore, the said penal provisions of the Act are not attracted against him.
3. The submission of learned advocate for the petitioner is not disputed by the learned HCGP.
4. This Court has taken a consistent view that the penal provisions of the Act are not applicable so far as customers in a brothel house are concerned. [See Narasimha Murthy vs. The State by Hennuru Police Station and another (Crl.P.No.5275/2017 D.D. 07.12.2017)].
5. In the circumstances, following the said decision, this petition is allowed and the proceedings in Crime No.135/2018 dated 30.08.2018, pending on III-JMFC, Davanagere are quashed, so far as the petitioner is concerned.
6. In view of disposal of the petition, I.A.No.1/2018 does not survive for consideration and it is also dismissed.
No costs.
Sd/-
JUDGE nvj