IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 11th day of December, 2017 BEFORE THE HON’BLE MR JUSTICE BUDIHAL R B Criminal Petition No 8997 of 2017 BETWEEN:
SRI M VINAY KUMAR @ VINAY NAIDU S/O LATE MUNIRAM NAIDU AGED ABOUT 33 YEARS R/O FORT CHIKKAMAGALURU CITY CHIKKAMAGALURU DISTRICT-577101 … PETITIONER [By Sri J S Somashekara, Advocate] AND:
STATE B Y MALLANDUR POLICE CHIKKAMAGALUR DISTRICT BY SPP HIGH COURT BUILDING BENGALURU-560001 ... RESPONDENT [By Sri Chetan Desai, HCGP] CRIMINAL PETITION IS FILED UNDER SECTION 438 CrPC PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO 56 OF 2017 OF MALLANDUR POLICE STATION, CHIKKAMAGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 3, 4 AND 5 OF THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956 AND SECTION 370 R/W 34 OF IPC.
THIS CRIMINAL PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by the petitioner-accused No 6 under Section 438 of the Code of Criminal Procedure, seeking anticipatory bail, directing the respondent-police to release him on bail in the event of his arrest for the offences punishable under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 and Section 370 IPC, registered by the respondent police in Crime No 56 of 2017.
2. Heard the learned counsel for the petitioner and the learned HCGP for the respondent. I have perused the grounds urged in the petition, FIR, complaint and other materials produced in the case.
3. Looking into the materials produced before the court, they, prima facie, disclose that a raid was conducted by the police at the Malanad Mane Home Stay, situated at Uluvagalu village in Chikkamagaluru taluk and found two men and two women in a compromising position. The police in their report have, no doubt, mentioned that the police seized ` 2,000/- each from the purses of Ms Seema and Ms Munni, the two ladies, and Chandre Gowda and Santhosh, the two men. The police have also seized condoms found below the cot in the room. When the police enquired with the names of persons who were in the rooms, it was transpired that they were Kavitha w/o Narayana Gowda, Reeta @ Anitha w/o late Thomas, Sindhu d/o Mohan Kumar, Mamata d/o Shanmukhappa and Sangeetha w/o Manjunath.
4. A reading of the police report reveals that there is no mention of the present petitioner as a person who was present in the stay home when the raid was conducted. By looking into the materials produced by the prosecution, the only allegation against the present petitioner is that he was used to send women to the said stay home. He has denied the said allegation in the bail petition. Whether the petitioner herein used to send women as ‘clients’ to the stay home or not is a matter to be ascertained during the course of the trial.
5. The petitioner contended that he has been falsely implicated in the case. He is ready to abide by any reasonable conditions that may be imposed by the court. The offences alleged against the petitioner herein are not exclusively punishable either with imprisonment for life or death. Hence, by imposing reasonable and necessary conditions, the petitioner-accused No 6 can be admitted to anticipatory bail. During the course of arguments, the learned counsel for the petitioner has submitted that this court has already granted bail to accused No 3 in the case by order passed in Criminal Petition No 9027 of 2017.
6. Accordingly, the petition is allowed. The respondent- police is directed to release the petitioner herein on bail, in the event of his arrest for the above offences registered by respondent police station in Crime No 56 of 2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for ` 50,000/- [Rupees fifty thousand only] and has to furnish one surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioner shall not tamper with any of the prosecution witnesses directly or indirectly.
iii. Petitioner has to make himself available before the Investigating Officer for interrogation as and when called for and to cooperate with further investigation.
iv. The petitioner shall appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
Sd/- JUDGE *pjk