IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRL.P No.5050/2018 BETWEEN:
PRADEEPA AGED ABOUT 34 YEARS R/AT NO.2711/1 2ND MAIN ROAD V.V. MOHALLA MYSURU CITY KARNATAKA-570002.
... PETITIONER (BY SRI K. SHRIDHARA , ADVOCATE) AND :
STATE OF KARNATAKA BY VIJAYANAGAR POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR AMBEDKAR BEEDHI BENGALURU – 560001.
... RESPONDENT (BY SMT. K.P. YASHODHA - HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THIS PETITIONER IN C.C.NO. 152/2016 ON THE FILE OF THE IV JMFC AT MYSORE FOR THE OFFENCES UNDER SECTION 3, 4 & 5 OF IMMORAL TRAFFIC (PREVENTION) ACT – 1956.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. Sri K. Shridhara, 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 and 5 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 C.C.No.152/2016 on the file of IV Additional Civil Judge and JMFC at Mysore are quashed, so far as the petitioner is concerned.
6. In view of disposal of the petition, I.A.No.1/2018 does not survive for consideration and the same stands disposed of.
No costs.
Sd/- JUDGE SBS* CT:bm