IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.3368 OF 2019 BETWEEN:
1. MANOJ ONTMOORI S/O MALLIKARJUN ONTMOORI AGED ABOUT 31 YEARS R/A NO.365, SANGAMMA BEKARY, BTM L/O 2ND STAGE BENGALURU CITY 2. MANTHAN BHAT S/O RAGHVENDRA BHAT AGED ABOUT 27 YEARS R/A NEAR PALLAVI RESTAURANT 5TH STAGE, J.P.NAGAR BENGALURU … PETITIONERS (BY SHRI. VEERANNA G. TIGADI, ADVOCATE) AND:
THE STATE OF KARNATAKA REP. BY SUB INSPECTOR OF POLICE HSR LAYOUT POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-01 ... RESPONDENT (BY SHRI. NASRULLA KHAN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE CRIMINAL PROCEEDINGS INITIATED IN SO FAR AS PETITIONERS IS CONCERNED FOR AN OFFENCE P/U/S 3,4,5 AND 7 OF IMMORAL TRAFFIC PREVENTION ACT AND SECTION 370 OF IPC, IN C.C.NO.12934/2019 (REGISTERED BY HSR LAYOUT POLICE STATION IN CRIME NO.508/2017) PENDING ON THE FILE OF THE VI A.C.M.M., AT BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. Shri Veeranna G. Tigadi, learned advocate for the petitioners submits that, police have conducted a raid on a brothel house and apprehended the petitioners. They have been charged for commission of offences punishable under Sections 3, 4, 5 & 7 of the Immoral Traffic (Prevention) Act, 1956 (‘the Act’ for short) and Section 370 of IPC. Petitioners are the customers and therefore, the said penal provisions of the Act are not attracted against them.
3. The submission of learned advocate for the petitioners is not disputed 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 C.C No.12934/2019 (arising out of FIR No.508/2017) pending on the file of VI Additional Chief Metropolitan Magistrate, Bengaluru, are quashed, so far as the petitioners are concerned.
No costs.
Sd/- JUDGE AV