Telangana High Court
Awari Mahesh Babu K.Krishna vs The State Of Telangana on 7 March, 2025
Author: Juvvadi Sridevi
Bench: Juvvadi Sridevi
HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
CRIMINAL PETITION No.3358 of 2025
ORDER:
This Criminal Petition is filed under Section 528 of Bharatiya Nagarik
Suraksha Sanhitha, 2023 (for short ‘BNSS’), seeking to quash the
proceedings against the petitioner-accused No.2 in P.R.C.No.89 of 2024 on
the file of the II Additional Metropolitan Magistrate, Ranga Reddy District at
L.B. Nagar, registered for the offences punishable under Sections 370(A) of
IPC and Sections 3(1)(2), 4, 5(1)(a) and 7 of the Immoral Traffic (Prevention)
Act, 1956 (for short ‘Act’).
2. Heard Ms. K.Kiran Mayee, learned counsel for the petitioner and
Mrs. S.Madhavi, learned Assistant Public Prosecutor appearing for the
respondent-State and perused the record.
3. The case of the prosecution, in brief, is that, on receiving credible
information about running of prostitution, the Police, L.B. Nagar, raided the
premises i.e., Plot No.81, Santoshi Matha Colony, Hasthinapuram, L.B.
Nagar and found the petitioner-accused No.2 in the capacity of ‘customer’.
Basing on the said complaint, a case in Crime No.405 of 2024 was
registered against the petitioner-accused No.2 and others, for the aforesaid
offences.
4. Learned counsel for the petitioner would submit that though the
petitioner is innocent, he has been falsely implicated in the subject crime.
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The victim woman who was found in the premises was not a trafficked
woman and since the petitioner was a ‘customer’, the offences alleged
against him are not at all attracted. Hence, he prayed to quash the
proceedings against the petitioner.
5. On the other hand, learned Assistant Public Prosecutor submitted
that there are specific allegations against the petitioner and the truth or
otherwise of the allegations levelled against the petitioner can only be
known after conducting full-fledged trial before the Sessions Court, and
hence, prayed to dismiss the criminal petition.
6. For the sake of convenience, Sections 370 and 370(A) of IPC and
Sections 3 to 5 and 7 of the Act are extracted hereunder:
“370. Trafficking of a Person: (1)Whoever, for the purpose of
exploitation, (a) recruits, (b) transports, (c) harbours, (d)
transfers, or (e) receives, a person or persons, by-
Firstly– using threats, or
Secondly– using force, or any other form of coercion, or
Thirdly– by abduction, or
Fourthly– by practising fraud, or deception, or
Fifthly– by abuse of power, or
Sixthly– by inducement, including the giving or receiving of
payments or benefits, in order to achieve the consent of any
person having control over the person recruited, transported,
harboured, transferred or received, commits the offence of
trafficking.
Explanation 1– The expression “exploitation” shall include
any act of physical exploitation or any form of sexual
exploitation, slavery or practices similar to slavery, servitude, or
the forced removal of organs.
Explanation 2– The consent of the victim is immaterial in
determination of the offence of trafficking.
(2)Whoever commits the offence of trafficking shall be punished
with rigorous imprisonment for a term which shall not be less
3than seven years, but which may extend to ten years, and shall
also be liable to fine.
(3)Where the offence involves the trafficking of more than one
person, it shall be punishable with rigorous imprisonment for a
term which shall not be less than ten years but which may
extend to imprisonment for life, and shall also be liable to fine.
(4)Where the offence involves the trafficking of a minor, it shall
be punishable with rigorous imprisonment for a term which shall
not be less than ten years, but which may extend to
imprisonment for life, and shall also be liable to fine.
(5)Where the offence involves the trafficking of more than one
minor, it shall be punishable with rigorous imprisonment for a
term which shall not be less than fourteen years, but which may
extend to imprisonment for life, and shall also be liable to fine.
(6)If a person is convicted of the offence of trafficking of minor
on more than one occasion, then such person shall be
punished with imprisonment for life, which shall mean
imprisonment for the remainder of that person’s natural life, and
shall also be liable to fine.
(7)When a public servant or a police officer is involved in the
trafficking of any person then, such public servant or police
officer shall be punished with imprisonment for life, which shall
mean imprisonment for the remainder of that person’s natural
life, and shall also be liable to fine.”
Section 370(A) of IPC reads as under:
Exploitation of a trafficked person:
(1)Whoever, knowingly or having reason to believe that a
minor has been trafficked, engages such minor for sexual
exploitation in any manner, shall be punished with rigorous
imprisonment for a term which shall not be less than five
years, but which may extend to seven years, and shall also be
liable to fine.
(2)Whoever, knowingly by or having reason to believe that a
person has been trafficked, engages such person for sexual
exploitation in any manner, shall be punished with rigorous
imprisonment for a term which shall not be less than three
years, but which may extend to five years, and shall also be
liable to fine.
3. Punishment for keeping a brothel or allowing premises
to be used as a brothel.
(1)Any person who keeps or manages, or acts or assists in
the keeping or management of, a brothel shall be punishable
4on first conviction with rigorous imprisonment for a term of not
less than one year and not more than three years and also
with fine which may extend to two thousand rupees and in the
event of a second or subsequent conviction, with rigorous
imprisonment for a term of not less than two years and not
more than five years and also with fine which may extend to
two thousand rupees.(2)Any person who-(a)being the tenant,
lessee, occupier or person in charge of any premises, uses,
or knowingly allows any other person to sue, such premises
or any part thereof as a brothel, or(b)being the owner, lessor
or landlord of any premises or the agent of such owner, lessor
or landlord, lets the same or any part thereof with the
knowledge that the same or any part thereof is intended to be
used as a brothel, or is willfully a party to the use of such
premises or any part thereof as a brothel. Shall be punishable
on first conviction with imprisonment for a term which may
extend to two years and with fine which may extend to two
thousand rupees and in the event of a second or subsequent
conviction, with rigorous imprisonment for a term which may
extend to five years and also with fine.(3)Notwithstanding
anything contained in any other law for the time being in force,
on conviction of any person referred to in clause (a) or clause
(b) of sub-section (2) of any offence under that sub-section in
respect of any premises or any part thereof, any lease or
agreement under which such premises have been leased out
or are held or occupied at the time of the commission of the
offence, shall become void and inoperative with effect from
the date of the said conviction.
4. Punishment for living on the earnings of prostitution.
(1)Any person over the age of eighteen years who knowingly
lives, wholly or in part, on the earnings of the prostitution of a
woman or girl shall be punishable with imprisonment for a term
which may extend to two years, or with fine which may extend
to one thousand rupees, or with both.
(2)Where any person is proved-
(a)to be living with, or to be habitually in the company of, a
prostitute; or
(b)to have exercised control, direction or influence over the
movements of a prostitute in such a manner as to show that
such person is aiding, abetting or compelling her prostitution;
or
(c)to be acting as a tout or pimp on behalf of a prostitute, it
shall be presumed, until the contrary is proved, that such
person is knowingly living on the earnings of prostitution of
another person within the meaning of sub-section (1):Provided
5that no such presumption shall be drawn in the case of a son
or daughter of a prostitute, if the son or daughter is below the
age of eighteen years.
5. Procuring, inducing or taking woman or girl for the sake
of prostitution.
(1)Any person who-
(a)procures or attempts to procure a woman or girl, whether
with or without her consent, for the purpose of prostitution; or
(b)induces a woman or girl to go from any place, with the intent
that she may for the purpose of prostitution become the inmate
of, or frequent, a brothel; or
(c)takes or attempts to take a woman or girl, or causes a
woman or girl to be taken, from one place to another with a
view to her carrying on, or being brought up to carry on
prostitution; or
(d)causes or induces a woman or girl to carry on prostitution;
shall be punishable on first conviction with rigorous
imprisonment for a term of not less than one year and not
more than two years and also with fine which may extend to
two thousand rupees.
(2)In the event of a second or subsequent conviction of an
offence under this section a person shall be punishable with
rigorous imprisonment for a term of not less than two years
and not more than five years and also with fine which may
extend to two thousand rupees.
(3)An offence under this section shall be triable-(a)in the place
from which a woman or girl is procured, induced to go, taken or
caused to be taken or from which an attempt to procure or take
such woman or girl is made; or(b)in the place to which she
may have gone as a result of the inducement or to which she
is taken or caused to be taken or an attempt to take her is
made.
7. Prostitution in or in the vicinity of public places.
(1)Any woman or girl who carries on prostitution, and the
person with whom such prostitution is carried on, in any
premises which are within a distance of two hundred yards of
any place of public religious worship, educational institution,
hostel, hospital, nursing home or such other public place of
any kind as may be notified in this behalf by the Commissioner
of Police of District Magistrate in the manner prescribed, shall
be punishable with imprisonment for a term which may extend
to three months.(2)Any person who-(a)being the keeper of any
public place knowingly permits prostitutes for purposes of their
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trade to resort to or remain in such place; or(b)being the
tenant, lessee, occupier or person in charge of any premises
referred to in sub-section (1) knowingly permits the same or
any part thereof to be used for prostitution; or(c)being the
owner, lessor or landlord of any premises referred to in sub-
section (1), or the agent of such owner, lessor or landlord, lets
the same or any part thereof with the knowledge that the same
or any part thereof may be used for prostitution, or is willfully a
party to such use, shall be punishable on first conviction with
imprisonment for a term which may extend to three months, or
with fine which may extend to two hundred rupees, or with
both, and in the event of a second or subsequent conviction
with imprisonment for a term which may extend to six months
and also with fine which may extend to two hundred rupees.
7. To invoke the provision of law under Section 370(A) of IPC, there
should be proof to show that trafficking of a person and engagement of
such person for sexual exploitation by any one, knowingly or having reason
to believe that such person has been trafficked. So, it is for the prosecution
to bring on record the evidence that there is a reason inter alia to believe
that the victim is trafficked by engaged persons for sexual exploitation.
Since no material is produced by the prosecution to prove that the victim
woman was trafficked, she was engaged for sexual exploitation and as the
petitioner had no knowledge that the victim woman was trafficked for the
purpose of prostitution, the proceedings against the petitioner for the
offence under Section 370(A) of IPC, are liable to be quashed.
8. Sections 3 to 5 and 7 of the Act deals with regard to punishment for
keeping a brothel or allowing premises to be used as a brothel, punishment
for living on the earnings of prostitution; punishment for procuring, inducing
or taking woman or girl for the sake of prostitution and carrying prostitution
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in or in the vicinity of public places. There are no allegations against the
petitioner that he is running brothel, or he is living on the earnings of
prostitution, or he procured or induced a woman or girl for doing prostitution
and he is carrying prostitution in or in the vicinity of public places. The only
allegation against the petitioner is that he was found at the premises in the
capacity of ‘customer’, hence, the proceedings against the petitioner for the
said offences are also liable to be quashed.
9. In view of the aforesaid discussion, the proceedings against the
petitioner-accused No.2 in P.R.C.No.89 of 2024 on the file of the II
Additional Metropolitan Magistrate, Ranga Reddy District at L.B. Nagar, are
hereby quashed.
10. Accordingly, this Criminal Petition is allowed.
Pending miscellaneous applications, if any, shall stand closed.
_____________________
JUVVADI SRIDEVI, J
Date: 07.03.2025
Note: C.C. by 12.03.2025
B/o.
rev