IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.555/2019 BETWEEN:
SRI. TANVEER S/O SHIEK ABBAS AGED ABOUT 48 YEARS R/O NO.764A, 1ST FLOOR HBR LAYOUT, NAGAVARA MAIN ROAD BENGALURU – 560 023.
... PETITIONER (BY SRI. BHARATH KUMAR V., ADVOCATE) AND:
1. STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER, J.C. NAGAR POLICE STATION, BENGALURU – 560 025 REPRESENTED BY STATE PUBLIC PROSECUTOR HONBLE HIGH COURT OF KARNATAKAA BENGALURU – 560 001.
2. INSPECTOR OF POLICE CITY CRIME BRANCH W & N SQUAD, N.T. PET BENGALURU – 560 018.
(BY SRI. S. RACHAIAH., HCGP) ... RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH AS AGAINST THE PETITIONER HEREIN, THE FIR BEARING NO.185/2011 DATED:13.12.2011 ALONG WITH THE INFORMATION DATED:13.12.2011 REGISTERED WITH THE RESPONDENT J.C. NAGAR POLICE STATION, FOR THE ALLEGED OFFENCE U/S.3, 4, 5 AND 7 OF THE IMMORAL TRAFFIC (PREVENTION) ACT, (ANNEXED VIDE ANNEXURE A AND A1).
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner herein is arraigned as accused No. 2 in Crime No. 185/2011 registered for the offences punishable under Sections 3, 4, 5, and 7 of the Immoral Traffic Prevention Act, 1956.
2. On careful perusal of the contents of the FIR it would disclose that specific allegation is made against the petitioner that he was found at the place where brothel was being run and was customer at the brothel house.
3. Learned counsel appearing for the petitioner submits that co-ordinate Bench of this Court in Crl.P.No.1728/2017 (MAHADEVA C vs STATE OF KARNATAKA), disposed of on 07.06.2017 has held that Sections 3, 4 and 5 of ITP Act would not be attracted insofar as petitioner therein is concerned, since, he was said to be customer or who was soliciting at a brothel.
4. In fact, Coordinate Bench of this Court after examining and analyzing Sections 3, 4, 5 & 7 of the ITP Act, 1956 has held that prosecution had failed to make out case against the accused person therein for the offence punishable under Sections 3, 4 and 5 of the ITP Act.
5. A bare reading of the Sections 3, 4, 5 and 7 of the ITP Act would clearly indicate that they are in no way attracted insofar as providing any punishment to the customers who were present at the venue where alleged brothel was being run. In the absence of any penal provisions, customers though are in a way contributing to encourage prostitution and which leads to exploitation of women who are in penury, such persons (customers) cannot be held as liable for want of penal provision and continuation of proceedings against them would be abuse of process of law.
6. In the light of the aforestated facts, I do not find any good ground to differ from the view expressed by Coordinate Bench of this Court and as such, present petition deserves to be allowed.
Hence, I proceed to pass the following;
O R D E R I. Criminal Petition is allowed.
II. Proceeding pending in Crime No.185/2011 registered by J.C.Nagar Police Station, Bengaluru, for the offences punishable under Sections 3, 4, 5, and 7 of the ITP Act are hereby quashed insofar as it relates to the petitioner (Accused No.2) herein and he is acquitted of above said offences.
In view of petition having been disposed of on merits, I.A. No. 1/2019 for stay does not survive for consideration. Hence, it is rejected.
SD/- JUDGE *sp