IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.1092/2019 BETWEEN:
1. TALUM S/O TABIYA AGED ABOUT 39 YEARS R/AT VITTALA EYE HOSPITAL HASAKEREHALLI BANASHANKARI IIIRD STAGE BANGALORE – 560 070.
2. DR. HARI RAM S/O SUBBAIAH AGED ABOUT 46 YEARS C/O VITTALA EYE HOSPITAL IIIRD STAGE BANGALORE – 560 070.
... PETITIONERS (BY SRI. RAJASHEKARA R.V., ADVOCATE) AND:
STATE OF KARNATAKA BY J.P. NAGARA POLICE BANGALORE – 560 078.
... RESPONDENT (BY SRI. RACHAIAH., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING IN C.C.NO.17050/2017: ANNEXURE A ON THE FILE OF THE LEARNED 44 ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BANGALORE, WHICH IS REGISTERED AGAINST THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTION 3,4,5 AND 7 OF IMMORAL TRAFFIC ACT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners herein are arraigned as accused Nos.5 & 6 in Crime No. 669/2015 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 charge sheet material would disclose that specific allegations are made against petitioners that they were found at the place where brothel was being run and were a customer at the brothel house.
3. Learned counsel appearing for the petitioners has relied upon the order passed by a co-ordinate Bench of this Court in Crl.P. No. 1728/2017 (Mahadeva C. and Anr. Vs. State of Karnataka) disposed of on 07.06.2017, whereunder, after examining and analyzing Sections 3, 4 and 5 of the ITP Act, 1956 it has been held that Sections 3, 4 and 5 of ITP Act would not be attracted insofar as the petitioners therein are concerned since, they were said to be customers or who were soliciting and prosecution had failed to make out case against the accused persons therein for the aforesaid offences.
4. A bare reading of Sections 3, 4 and 5 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 petitioners would be abuse of process of law.
5. 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) Proceedings pending in C.C. No. 17050/2017 (arising out of Crime No.669/2015) pending on the file of XLIV Additional Chief Metropolitan Magistrate, 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 petitioners herein and they are acquitted of said offences.
SD/- JUDGE *sp