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 CRIMINAL PETITION No.5572 OF 2019 BETWEEN:
1. YOGARAJ S/O MYLAPPA AGED ABOUT 28 YEARS R/AT NARAGANAHALLI VILLAGE DAVANAGERE TALUK DAVANAGERE-577 014 2. HARISH S/O SHIVKUMAR AGED ABOUT 28 YEARS R/AT 6TH CROSS LALBAHADURSHASTRI NAGARA BAMBU BAZAR DAVANAGERE-577 001 … PETITIONERS (BY SHRI. K.N. JAYA PRAKASH, ADVOCATE) AND:
THE STATE OF KARNATAKA BY WOMEN POLICE STATION DAVANAGERE REPRESENTED BY ITS S.P.P. HIGH COURT BUILDING BENGALURU-560 001 ... RESPONDENT (BY SHRI. S. RACHAIAH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1271/2018 (OLD C.C.NO.1035/2017) ARISING OUT OF CRIME NO.41/2017 REGISTERED BY WOMEN POLICE STATION, DAVANAGERE PENDING ON THE FILE OF THE III JMFC COURT, DAVANAGERE FOR THE OFFENCE P/U/Ss.3, 4 AND 5 OF IMMORAL TRAFFIC (PREVENTION) ACT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. Shri K.N.Jayaprakash, learned advocate for the petitioners submits that, police have conducted a raid on a brothel house and apprehended the petitioners. They have been charged for commission of offences punishable under Sections 3, 4 & 5 of the Immoral Traffic (Prevention) Act, 1956 (‘the Act’ for short). Petitioners are the customers and therefore, the said penal provisions of the Act are not attracted against them.
3. The submission of learned advocate for the petitioners is not disputed 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.1271/2018 (old C.C.No.1035/2017) arising out of Crime No.41/2017 pending on the file of III JMFC Court, Davanagere, are quashed, so far as the petitioners are concerned.
No costs.
Sd/- JUDGE AV