IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17th DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.4820/2017 c/w CRIMINAL PETITION NO.4821/2017 IN CRL.P.NO.4820/2017 BETWEEN:
SRI. SRINIVAS REDDY AGED ABOUT 30 YEARS S/O KONDAREDDY R/OF NO.786, 28TH MAIN 5TH CROSS, B.T.M.LAYOUT 2ND STAGE, BENGALURU-76.
... PETITIONER (BY SRI. IRSHAD AHMED K, ADVOCATE) AND:
STATE OF KARNATAKA BY S.H.O BANASAWADI P.S BENGALURU-560 043.
... RESPONDENT (BY SMT. NAMITHA MAHESH B.G, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE COMPLAINT, FIR IN CR.NO.212/2017 REGISTERED ON 02.04.2017 ON THE FILE OF MMTC-I, MAYOHALL, BANGALORE FOR THE OFFENCE P/U/S 3,4,5 AND 7 OF I.T.P. ACT PURSUANT THERETO WHICH ARE PRODUCED AS DOCUMENTS-1 AND 2 RESPECTIVELY AND DIRECT THE RESPONDENT POLICE TO DELETE/NOT TO SHOW THE IDENTITY OF THE PETITIONER IN ANY SOCIAL MEDIA.
IN CRL.P.NO.4821/2017 BETWEEN:
SRI. RAGHUVENDRA REDDY AGED ABOUT 29 YEARS S/O RAMAKRISHNA REDDY R/O NO.232, 18TH MAIN HSR LAYOUT, BENGALURU-76.
(BY SRI. IRSHAD AHMED K, ADVOCATE) AND:
STATE OF KARNATAKA BY S.H.O BANASAWADI P.S BENGALURU-560 043.
... PETITIONER ... RESPONDENT (BY SMT. NAMITHA MAHESH B.G, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE COMPLAINT, FIR IN CR.NO.212/2017 REGISTERED ON 02.04.2017 ON THE FILE OF MMTC-I, MAYOHALL, BANGALORE FOR THE OFFENCE P/U/S 3, 4, 5 AND 7 OF I.T.P. ACT PURSUANT THERETO WHICH ARE PRODUCED AS DOCUMENTS-1 AND 2 RESPECTIVELY AND DIRECT THE RESPONDENT POLICE TO DELETE/NOT TO SHOW THE IDENTITY OF THE PETITIONER IN ANY SOCIAL MEDIA.
THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners are seeking for quashing of the proceedings in Crime No.212/2017 registered against them for the offences punishable under Section 3, 4, 5 and 7 of Immortal Traffic (Prevention) Act, 1956 (for short ‘Act’) by the Banasavadi Police Station, which proceedings are pending on the file of Metropolitan Magistrate Traffic Court, Mayohall, Bengaluru.
2. According to prosecution, credible information was received on 01.04.2017 by Banasawadi police about prostitution being run in a Massage Parlour at Kalyananagar and as such, conducted a raid on massage parlour run under the name and style of M/s.Galaxy Spa, No.401, 2B, H.B.R.Layout, Kalyananagar, Bengaluru and arrested 12 persons including petitioners and registered FIR in Crime No.212/2017 for the aforesaid offences. In this background, petitioners are before this Court contending that even according to prosecution, a raid came to be conducted on the alleged information without even registering FIR and without following the procedure prescribed under the Act and Cr.P.C. and therefore all further proceedings are vitiated. It is further contended that ingredients of the offences alleged are not made out against petitioners.
3. Per contra, learned HCGP appearing for respondent-State would support the initiation of proceedings against petitioners and prays for dismissal of the petitions.
4. This Court, in similar circumstances, in Crl.P.No.1479/2017 in the matter of SHIVANNA @ SHIVU vs STATE OF KARNATAKA disposed of on 10.04.2017, has clearly held that Sections 3, 4, 5 and 7 of the Act cannot be invoked or applied to the petitioners if they are alleged or said to be customers visiting the brothel and found when raid was conducted. Section 3 of the Act provides for punishment for keeping a brothel or allowing the premises to be used as a brothel. Section 4 of the Act provides for punishment for living on the earnings of prostitution. Section 5 of the Act provides for procuring, inducing or taking person for the sake of prostitution. Section 7 of the Act provides for punishing a person who carries on prostitution in any premises within the area notified under sub-section (3) or within a distance of 200 meters of any place of religious worship, educational institution, hostel, hospital, nursing home or such other public place as may be notified in this behalf by the Commissioner of Police or Magistrate in the manner prescribed.
5. In view of these provisions which are invoked against petitioners not being applicable to petitioners, prayer sought for by the petitioners deserves to be granted.
Hence, I proceed to pass the following:
ORDER (1) Criminal Petitions are hereby allowed.
(2) Proceedings in Crime No.212/2017 registered by Banasavadi Police Station against petitioners pending on the file of Metropolitan Magistrate Traffic Court, Mayohall, Bengaluru for the offences punishable under Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956 are hereby quashed and they are acquitted of the offences punishable under Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956.
(3) Commissioner of Police is said to have been published petitioners’ photographs and other details on the website of the Police Department as also on the social media like ‘Twitter’ informing public viewers that petitioners are accused persons. Same is ordered to be deleted in view of quashing of the proceedings against them (petitioners).
In view of disposal of the main petitions, I.A.No.1/2017 does not survive for consideration. Hence, same is hereby rejected.
SD/- JUDGE *sp