IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.2872/2019 BETWEEN:
Pruthwi @ Kirthigowda, S/o Shankaregowda, Aged about 23 years, R/at No.56, C.N.R., Domisili Building, Lakshmi Layout, Near Om Shakthi Temple, Munnekolala, Bengaluru – 560 037. ... Petitioner (By Sri S.R. Sreenivasamurthy, Advocate) AND:
State of Karnataka, By Marathhalli Police Station, Bengaluru – 560 037, Represented by the State Prosecutor, High Court of Karnataka, Bengaluru-560001. ... Respondent (By Sri. S. Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure, praying to enlarge the petitioner on bail in Cr.No.11/2019 of Marathahalli Police Station, Bangalore for the offences punishable under Sections 342, 370 of IPC and Sections 3, 4, 5, 7 of ITP Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.11/2019 with respect to the offences punishable under Sections 342 and 370 of IPC and Sections 3, 4, 5, 7 of Immoral Traffic Prevention Act, 1956 2. The case of the prosecution is that the complaint came to be lodged which was registered with respect to the offences as aforestated. It is alleged that the petitioner was running a prostitution racket by employing women. It is stated that the respondent- Police upon credible information went to the spot and raided the building in question. It is stated that after collection of necessary information, the complaint was lodged, FIR has been registered, investigation is completed and charge sheet has been filed.
3. Learned counsel for the petitioner states that the involvement of petitioner is a matter to be proved during the trial. It is stated that though there has been recovery, the question of proof of recovery and its connection with the commission of offence is a matter for trial. It is further submitted that there are no criminal antecedents and the petitioner is not involved in any other case of similar nature.
4. Taking note of the fact that investigation is complete and charge sheet has been filed and the assertion that petitioner has no criminal antecedents remains uncontroverted, that the proof of commission of offence is a matter to be established during trial and the present proceedings cannot be treated to be punitive in nature, the petitioner is entitled to be enlarged on bail.
5. Accordingly, in light of the observations made above, the bail petition filed by the petitioner under Section 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.11/2019 for the offences punishable under Sections 342 and 370 of IPC and Sections 3, 4, 5, 7 of Immoral Traffic Prevention Act, subject to the following conditions:-
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) The petitioner shall not indulge in any criminal activities of like nature.
(v) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(vi) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE GJM