IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.9568 OF 2018 BETWEEN:
SRI. YOGISH T R S/O RENUKA PRASAD BEHIND JAIN TEMPLE CHIKKAPETE TUMAKURU-572101. ... PETITIONER (By Sri. M B RYAKHA, ADV. ) AND THE STATE BY JAYANAGARA P.S. TUMAKURU-572 102 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE-560001 ... RESPONDENT (By Sri. S. RACHAIAH, HCGP) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN S.C.NO.73/2018 PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE TUMAKURU AND ETC.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. Shri M. B. Ryakha, learned advocate for the petitioner submits that, police have conducted a raid on a brothel house and apprehended the petitioner. He has been charged for commission of offences punishable under Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention Act), 1956 (‘the Act’ for short). Petitioner is a customer and therefore, the said penal provisions of the Act are not attracted against him.
3. The submission of learned advocate for the petitioner is not disputed by the learned HCGP.
4. This Court has taken a consistent view that the penal provisions of the Act are not applicable so far as customers in a brothel house are concerned. [See Narasimha Murthy vs. The State by Hennuru Police Station and another (Crl.P.No.5275/2017 D.D. 07.12.2017)].
5. In the circumstances, following the said decision, this petition is allowed and the proceedings in S.C No. 73/2018 pending on the file of Principal District and Sessions Judge at Tumakuru are quashed, so far as the petitioner is concerned.
No costs.
Sd/- JUDGE Np/-