IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION No.623/2019 BETWEEN:
Parvez Aged about 32 years, S/o Abdul Rahiman, R/at Bismila Cottage, Hosagade House, Darandabagilu, Mangaluru Taluk, D.K.District-575 003. …Petitioner (By Sri Nishit Kumar Shetty, Advocate) AND:
State of Karnataka by Ullal Police Station, Rept. By State Public Prosecutor, High Court Building, Bengaluru-560 001. …Respondent (By Sri M. Divakar Maddur, HCGP) 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.229/2018 of Ullal Police Station, Mangaluru City for the offences punishable under Sections 3, 4, 5 and 6 of ITP Act and Section 370 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The present petition has been filed by the petitioner- accused No.4 under Section 438 of Cr.P.C to release him on anticipatory bail in Crime No.229/2018 of Ullal Police Police Station, Mangaluru City for the offences punishable under Sections 3, 4, 5 and 6 of Immoral Traffic Prevention Act, 1956 and Section 370 of IPC.
2. I have heard the learned counsel for the petitioner-accused No.4 and learned High Court Government Pleader for respondent-State.
3. The gist of the compliant is that the Sub Inspector of Police of C.C.B Police attached to City Crime Detection Wing, as per the direction of the Superior Officer, was verifying the illegal activities in the City. On receiving a credible information that in the house belonging to accused No.1 Hariif situated at Kuttar Padav, Munnur Village, within the limits of Ullal Police Station, the petitioner-accused No.4 and other accused persons were bringing the ladies from West Bengal State, by way of human trafficking and keeping them in the said house for the purpose of the prostitution and they were running prostitution in the said house. He further alleged that for the purpose of said prostitution, they also used to use two Auto bearing Registration Nos.KA-19-C-6967 and KA-19- D-2322 for the purpose of transportation of the customers. 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-accused No.4 is innocent, only because he is friend of accused No.1, he has been falsely implicated in this case. The house in which raid has been made belongs to accused No.1. He further submitted that there is no illegal and credible evidence to connect the petitioner-accused no.4 to the alleged crime. Already accused no.2 and 5 have been released on bail by the trial Court. On the ground of parity, petitioner-accused No.4 is also entitled to be released on bail. He further submitted that the alleged offences are not punishable with death or imprisonment for life. Petitioner-accused No.4 is ready to abide by any of the terms and conditions that may be imposed by this Court and also ready to offer sureties, if petitioner- accused No.4 is released on bail. On these grounds, he prayed to allow the petition and to release the petitioner- accused No.4 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that accused Nos.1 to 3 and 5 were indulged in illegal activities, they used to bring the ladies from West Bengal state by way of human trafficking and were keeping them in the said house for the purpose of prostitution and forced them to indulge in prostitution. He further submitted that petitioner-accused no.4 is absconding and he is not available for investigation or interrogation. If the petitioner-accused No.4 is released on bail, he may abscond and he may not be available for the trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submission made by the learned High Court Government Pleader and perused the records.
7. On close reading of the contents of the complaint, it discloses that the petitioner-accused No.4 along with other accused persons, used to bring the ladies from West Bengal State by way of human trafficking and were keeping them in the house of the accused No.1 and made them to engage in prostitution that is the matter which has to be considered and appreciated at the time of trial. The alleged offences are not punishable with death or imprisonment for life. Already accused no.2 and 5 have been released on bail by the trial Court. Under the facts and circumstance, I feel that if the petitioner-accused No.4 is released on bail by imposing some stringent conditions, then it is going to meet the ends of justice.
8. In that light, the petition is allowed and petitioner-accused No.4 is ordered to be released on anticipatory bail in Crime No.229/2018 of Ullal Police Police Station, Mangaluru City for the offences punishable under Sections 3, 4, 5 and 6 of Immoral Traffic Prevention Act, 1956 and Section 370 of IPC subject to following conditions:
1. The petitioner-accused No.1 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall surrender before the Investigating Officer within 15 days from today.
3. He shall not tamper with the prosecution evidence in any manner.
4. He shall mark his attendance on the first date of every month between 10:00 a.m to 5:00 p.m till the trial is concluded.
5. He shall not leave the jurisdiction of the Court without prior permission.
6. He shall not indulge in similar type of activities.
Sd/- JUDGE HA/-