IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.7157/2018 BETWEEN :
Sri Narayana A., S/o late Sheena Aged about 60 years Residing at Flat No.106 Nelapady Residency, Near Capithanio School, Kankanady, Mangaluru, D.K.-570 031.
(By Sri Rajaram Sooryambail, Advocate) AND :
The State of Karnataka by Barke Police Station, Mangaluru, Represented by State Public Prosecutor High Court of Karnataka Bengaluru-560 001.
(By Sri M.Divakar Maddur, HCGP) … Petitioner … Respondent This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime No.8/2017 of Barke Police Station, Mangaluru City, for the offences punishable under Sections 3(1), 4, 5, 8 of Immoral Traffic Prevention Act.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.4 under Section 438 of Cr.P.C. praying to release him on anticipatory bail in Crime No.8/2017 of Barke Police Station, Mangaluru, D.K. District for the offences punishable under Sections 3(1), 4, 5, 8 of The Immoral Traffic (Prevention) Act, 1956.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The gist of the complaint is that on credible information on 25.1.2017, the respondent-police went to Olive Leaf Ayurvedic Theraphy Center at Bejai Church Road, Mangalore City and at about 3.45 p.m. they made a raid and they apprehended one Gunapal, the Manager of the said Center, Praveen and George who indulged in immoral trafficking and on the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner-accused No.4 that the petitioner is innocent and the allegation which has been made as against the petitioner is that the said Center is run by him and he is the owner of the said Center. He further submitted that the license of the said massage Centre stands in the name of Maxin K.Kurian and even Mangaluru City Corporation has issued the said license in his name, as such petitioner-accused No.4 is neither the owner nor he is having any interest in the said Center. He further submitted that the charge sheet has already been filed and even Gunapal, the Manager of the Center has been apprehended. He further submitted that the alleged offences are not punishable with death or imprisonment for life and the petitioner is ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to grant anticipatory bail to the petitioner.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioner-accused No.4 being the Manager of the said Center, used to bring innocent ladies and make them to involve in immoral trafficking and thereby he is involved in the alleged offence. The petitioner is absconding and not available for interrogation and investigation. If he is granted anticipatory, he may abscond and may not be available for trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. On close reading of the contents of the complaint and other material, it would indicate that the only allegation which has been made as against the petitioner-accused No.4 is that he is the owner of Olive Leaf Ayurvedic Theraphy Center at Bejai Church Road, Mangalore City. But the records produced goes to show that the license has been issued in the name of Maxin K.Kurian. Though it is contended by the learned HCGP that the petitioner is the Manager of the said Center, the contents of the complaint disclose that one Gunapal- accused No.3 is the Manager and he has been apprehended on the spot. Even there is no allegation made as against the petitioner that he used to bring innocent ladies and make them to involve in immoral trafficking activities. Under such circumstance, I feel that by imposing some stringent conditions, if the petitioner-accused No.4 is ordered to be released on anticipatory bail, it would meet the ends of justice.
Accordingly, the petition is allowed and the petitioner-accused No.4 is granted anticipatory bail. In the event of his arrest in Crime No.8/2017 of Barke Police Station, Mangaluru, D.K. District for the offences punishable under Sections 3(1), 4, 5, 8 of The Immoral Traffic (Prevention) Act, 1956, the petitioner herein is ordered to be released, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.1,00,000/- (Rupees one lakh only) with two sureties for the like sum to the satisfaction of the Investigating Officer.
ii) He shall surrender before the Investigating Officer within fifteen days from today.
iii) He shall not tamper with the prosecution evidence in any manner.
iv) He shall not indulge in similar type of activities.
v) He shall not leave the jurisdiction of the trial Court without prior permission.
vi) He shall be regular in attending the trial.
Sd/- JUDGE *ck/-