IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR CRL.P. NO.706/2019 BETWEEN 1. M. V. GOVINDA RAJU S/O. VASU, AGED ABOUT 25 YEARS, CHALLAKERE CIRCLE, N. H. ROAD, NEAR SARASWATHI PURAM, MALENAHALLI VILLAGE, DABEGHATTA POST, TURUVEKERE TALUK, TUMKURU-572221.
2. RAJU HUCHHAPPA NAYAKA S/O. HUCHHAPPA NAYAKA, AGED ABOUT 21 YEARS, HOSURU VILLAGE, SIDDAPURA POST, SIRISI TALUK, KARWAR-581355 UTTARA KANNADA, KARNATAKA.
...PETITIONERS (BY SRI MOHANKUMARA D, ADV.) AND STATE OF KARNATAKA BY CHITRADURGA POLICE STATION, REP. BY S.P.P., HIGH COURT BUILDING, BANGALORE-560 001.
(BY SRI RENUKARADHYA R.D, ADV.) …RESPONDENT THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR AND CHARGE SHEET SUBMITTED BY THE RESPONDENT POLICE IN C.C.NO.1724/2015 IN CR.NO.152/2015 FOR THE ALLEGED OFENCE P/U/S 3,4,5,6,7 OF ITP ACT AGAINST THE RESPONDENT POLICE CHITRADURGA POLICE, WHICH IS PENDING BEFORE THE PRINCIPAL CIVIL JUDGE (JR. DN) AND JMFC, CHITRADURGA.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners.
2. It is submitted by the learned counsel for the petitioners that the co-accused i.e. accused No.1, had approached this court in Crl.P No.6707/2016 praying for quashing of the FIR and charge sheet submitted by the respondent police in Crime No.152/2015 registered as C.C. No.1724/2015 on the file of the Principal Civil Judge (Jr.Dvn) and JMFC, Chitradurga, on the premise that the search conducted by the respondent police is contrary to the mandates of Section 15(2) of Immoral Traffic (Prevention) Act, 1956. This court after examining the contentions and after hearing the learned Govt. Pleader has been pleased to accept the case canvassed by the petitioner therein and has concluded that the search carried out in the absence of woman panchas is vitiated being contrary to the mandates of Section 15(2) of the Act. The petitioners herein who have been arrayed as accused No.2 & 4 also stand on the same footing and hence are entitled to the similar relief on a parity in law.
3. Learned High Court Govt. Pleader would fairly concede that the petitioners also similarly situated and are entitled to a similar relief. Hence, in terms of the findings rendered by the co-ordinate Bench in Crl.P.6707/2016 dated 04.01.2019 the petition deserves to be allowed. The instant petition also deserves to succeed. Accordingly, the Crl.P. is allowed. The proceedings pending on the file of the Principal Civil Judge (Jr.Dvn) and JMFC, Chitradurga in C.C. No.1724/2015 are hereby quashed in so far as it relates to the petitioner Nos.2 and 4 are concerned.
Ordered accordingly.
Chs* CT-HR Sd/- JUDGE