IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.9123 OF 2018 BETWEEN:
PRAVEEN SHETTY AGED ABOUT 38 YEARS S/O SHEKAR SHETTY R/AT HERURU HOIGE MANE BRAHMAVARA POST UDUPI TALUK AND DISTRICT – 576 101 PRESENT ADDRESS:
NO.37, 10TH CROSS, PAPAREDDYPALYA NAGARABHAVI, BENGALURU – 560 158 ...PETITIONER (BY SRI CHANDRAHASA RAI B., ADV.) AND THE STATE OF KARNATAKA BY JNANABHARATHI POLICE STATION BENGALURU CITY REPT. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 ...RESPONDENT (BY SRI K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.331/2018 OF JNANABHARATHI POLICE STATION, BANGALORE CITY FOR THE OFFENCE P/U/S 370 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Jnanabharathi Police have registered Crime No.331/2018 against the petitioner for the offence punishable under Section 370 of IPC, on the basis of complaint/report of Smt.S.Ayesha, Police Inspector, CCB, Bengaluru city.
2. It is alleged that when the complainant and her team conducted raid on house No.77 of R.R.Layout, Nagadevanahalli, Bengaluru city, on the basis of credible information of human trafficking, fourteen girls named in the complaint were found wrongfully confined in the said building. It is further alleged that the petitioner luring the girls of other States of employment in Ladies Service Bars was indulging in human trafficking.
3. The statements of the victim girls in the CD records show that they are all major. They have stated that they came to Bengaluru to serve in Ladies Service Bars and till the Government banning such employment, they were all serving in the said Bars. They do not make any allegation of illegally procuring them.
4. However, they claim to have stated that after banning of employment, petitioner did not send them back to their respective homes. Under such circumstance, the contention of the prosecution that their further stay in the building in question was forcible or not has to be examined on a full-fledged trial.
5. Now all those girls said to have been rehabilitated either in their parental houses or in suitable places. Moreover, there is no allegation of involvement of the petitioner in any other case except the present case. Under these circumstances, it is a fit case to grant bail with suitable conditions. Therefore, the petition is allowed.
Petitioner is granted bail in Crime No.331/2018 of Jnanabharathi Police Station, Bengaluru City, subject to the following conditions:
1) The petitioner shall execute personal bond in a sum of `50,000/- and furnish two sureties in the like-sum to the satisfaction of the concerned Court for his appearance;
2) He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial;
3) He shall not tamper the prosecution witnesses in any manner;
4) He shall mark his attendance before the Investigating Officer on every Sunday till the completion of investigation.
Sd/- JUDGE KNM/-