IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.6408 OF 2017 BETWEEN:
Sri. Prakash S/o Puttegowda, Aged about 27 years, No.116, 3rd Main, BSK 3rd Stage, Bengaluru – 560 085.
(By Sri. Manjunatha A.C., Advocate) AND:
State of Karnataka By Byatarayanapura Police Station, Bengaluru – 560 026 Rep. by S.P.P, High Court of Karnataka, Bengaluru – 560 001.
(By Sri. S. Rachaiah, HCGP) …Petitioner …Respondent This Criminal petition is filed under Section 482 of Cr.P.C. praying to quash the entire proceedings pending on the file of III Metropolitan Magistrate Traffic Court, Bengaluru in C.C. No.6606/2015 (Crime No.252/2014).
This criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Though matter is listed for admission by consent of learned advocates appearing for parties, it is taken up for final disposal.
2. Heard Sri. Manjunatha A.C., learned counsel appearing for petitioner and Sri. S. Rachaiah, learned HCGP appearing for respondent-State.
3. On 02.07.2014 Circle Inspector of Police, Byatarayanapura Police Station lodged a complaint to Sub-Inspector of Police, Byatarayanapura Police Station stating that he had received credible information that at Kimco Circle in the premises bearing No.21, 4th Cross, Anand office road, Byatarayanapura, Mysuru Road, Bengaluru, one Smt.Sowbhagya, is running a brothel house and she was inviting general public. Pursuant to the said complaint lodged, Police Sub-Inspector along with his staff conducted a raid on the said premises at about 5.15 P.M. and arrested the petitioner who was found in the said premises along with others and a case was registered under Sections 3, 4, 5 and 7 of Immoral Traffic Prevention Act (hereinafter referred to as ‘I.T.P. Act’, for short) in Cr.No.252/2014 against them.
4. On conclusion of investigation charge sheet came to be filed in C.C.No.6606/2015. Undisputedly, said investigation is carried on by Police Inspector, Byatarayanapura Police Station as could be seen from the charge sheet filed in the instant case. As such, contention of learned counsel appearing for petitioner is that investigation is flawed and contrary to Sec.13(2) of I.T.P. Act cannot be accepted and said contention stands rejected. However, charge sheet material would disclose that petitioner was apprehended in the said premises and it has been alleged by the prosecution that he was a customer in waiting to indulge himself in participating in sexual act in the alleged prostitution that was being carried on by Smt. Sowbhagya and others.
5. This Court in umpteen number of judgments have held that provisions of Sections 3, 4, 5 and 7 of I.T.P. Act would not be attracted in so far as customer present at a brothel housel. Co-ordinate Bench of this Court in the case of M. Rajeshwari Vs. State of PSI L & O, Kengeri Gate Police reported in 2001 (5) KLJ 532 has also held to same effect. In that view of the matter, continuation of proceedings against petitioner registered alleging that he was a customer at brothel house would amount to abuse of process of law.
Hence, the following:
O R D E R (i) Criminal Petition is hereby allowed.
(ii) Proceedings pending against petitioner in C.C.No.6606/2015 (Cr.No.252/2014) on the file of III Metropolitan Magistrate Traffic Court, Bengaluru, is hereby quashed.
(iii) Petitioner is acquitted of the offences punishable under Sections 3, 4, 5 and 7 of I.T.P. Act.
SD/- JUDGE SV