IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CRIMINAL PETITION NO.2164 OF 2019 BETWEEN:
Viswanath Hiremath, S/o Revanasiddaiah, Aged about 45 years, R/at Kanyamandira Road, Near Railway Station, Bijapur-586 101.
... Petitioner (By Sri. K. A. Chandrashekara, Advocate) AND:
The State of Karnataka, By the Police of Puttenahalli police Station, Bengaluru City-560 078.
Represented by the State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001.
... Respondent (By Sri. Vijaya Kumar Majage, Addl. SPP) This Criminal Petition is filed under Section 482 of Cr.P.C praying to quash the entire proceedings pending on the file of the learned XLV Additional City Civil and Sessions Judge at Bengaluru CCH-46 in S.C.No.1636/2017 for the offences punishable under Sections 3, 4, 5 and 7 of ITP Act and Section 370(3) of IPC.
This Petition coming on for Admission, this day, the Court made the following:-
ORDER Sri. K. A. Chandrashekara, learned counsel for the petitioner.
Sri. Vijaya Kumar Majage, learned Additional SPP for the respondent.
The petition is admitted for hearing. With the consent of the parties, the same is heard finally.
2. In this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’ for short), the petitioner has sought quashment of the proceedings initiated against him in S.C.No.1636/2017 pending before the XLV Additional City Civil and Sessions Judge at Bengaluru for the offence punishable under Sections 3, 4, 5 and 7 of the Immoral Traffic Prevention Act, 1956 and Section 370(3) of the Indian Penal Code, 1860.
3. When the matter was taken up today, learned counsel for the parties jointly submitted that the controversy involved in this petition is squarely covered by the order dated 07.12.2017 passed in Crl.P.No.5275/2017 as well as the order dated 16.04.2019 passed in Crl.P.No.2163/2019.
4. For the reasons assigned in the aforesaid orders and taking into account the fact that the petitioner was admittedly a customer in the brothel house, the proceedings initiated against him in S.C.No.1636/2017 pending before the XLV Additional City Civil and Sessions Judge at Bengaluru is hereby quashed.
5. Accordingly, the petition is disposed of.
6. In view of the disposal of the main petition, pending Interlocutory Application does not survive for consideration. Accordingly, the same is disposed of .
Sd/- JUDGE Mds/-