IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER, 2019 BEFORE THE HON' BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.6355 OF 2019 BETWEEN:
1. MOHAMMED ROHAL AGED ABOUT 30 YEARS, S/O. MOHAMMED RAFIQ, R/AT NO. 2/1, 13TH MAIN, 1ST CROSS, MICO LAYOUT, BEHIND BANASHANKARI TENT, HONGASANDRA, BENGALURU-560 068.
2 . SMT. NISHITHA N KALRA AGED ABOUT 33 YEARS, S/O. NARESH KALRA, R/AT NO.25, 2ND MAIN, 2ND CROSS, P.G. HALLI, BENGALURU NORTH, BENGALURU-560 003.
…PETITIONERS (BY SRI. CHANDRAHASA RAI B., ADV.) AND THE STATE OF KARNATAKA BY BOMMANAHALLI POLICE STATION, BENGALURU CITY, REPTD BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001.
…RESPONDENT (BY SRI. ROHITH B.J., HCGP.) ******* THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO. 180/2018 OF BOMMANAHALLI POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNSIHABLE UNDER SECTIONS 370, 370(A), 372, 376 OF IPC READ WITH SECTIONS 3, 4, 5, 6, AND 9 OF ITP ACT AND SECTION 5(L) AND 6 OF POCSO ACT 2012.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioners and the learned HCGP for the respondent-State. Perused the records.
2. The charge-sheet has been lodged against the petitioners herein and accused No.1 for the offence under Sections 370, 370(A), 372, 376 of IPC, Sections 3, 4, 5, 6 and 9 of Immoral Traffic Prevention Act, 1956 and Sections 5(L) and 6 of Protection of Children from Sexual Offences Act, 2012.
3. A special case has been registered in Spl.CC No.610/2018 on the file of the Child Friendly Court, Bengaluru Urban District.
4. The brief factual matrix of the case as per the entire charge-sheet papers are that the police have received a credible information that accused Nos.1 to 3 are running a brothel house at No.71/1, 2nd Floor, Hongasandra, Bengaluru. The police have raided the said place on 11.06.2018 in the presence of Panch Witnesses and recovered CWs.5, 6, 7 and 8, who are the girls secured for the purposes of prostitution by accused No.1. The allegations against accused No.1 is that he used to secure girls including minor girl CW.5 and he would enjoy them first, thereafter leave them for the purpose of prostitution. The allegations against these petitioners are that they actually in the absence of accused No.1 in the above said premises were doing the prostitution business by utilizing CWs.5 to 8 and collecting money from the customers. In this context the statements of CWs.5, 6, 7 and 8 clearly disclose that in the absence of accused No.1 these petitioners were also securing the customers and collecting money from them by utilizing the witnesses CW.5 to CW.8 for the purpose of conducting prostitution in the said premises. Therefore, there are strong materials available against these petitioners and the alleged offences under Section 370, 370(A) and Sections 5, 6, 7 and of ITP Act are seriously punishable with imprisonment for life.
5. Under the above said facts and circumstances, there is a strong case made out against the petitioners at this stage. Therefore, in my opinion, they are not entitled to be enlarged on bail. Hence, the petition is devoid of merits and the same is liable to be dismissed.
6. Accordingly, the petition is dismissed. However, the petitioners are at liberty to move the trial Court for grant of bail under any changed circumstances, after examination of the material witnesses.
Sd/- JUDGE Sbs*