Karnataka High Court
Sri.Ajay vs State Of Karnataka By on 19 December, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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CRL.P No. 12700 of 2024
C/W CRL.P No. 12685 of 2024
CRL.P No. 13661 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRL. P No. 12700/2024
C/W
CRL. P Nos. 12685/2024, 13661/2024
IN CRL.P No. 12700/2024:
BETWEEN:
SRI SOMASHEKAR V
S/O VENKATESHAIAH
AGED ABOUT 48 YEARS
R/O NO.235, VENAKTESHWARA
ENTERPRISES, VIDYANAGAR
CROSS,BETTAHALASOUR POST
BENGALURU - 562 157.
...PETITIONER
(BY SRI SUMANTH L BHARADWAJ, ADV.)
AND:
Digitally 1. THE STATE OF KARNATAKA
signed by
NANDINI MS BY CHIKKAJALA POLICE STATOIN
Location:
High Court of
REP BY SPP, HIGH COURT OF KARNATAKA
Karnataka BENGALURU - 560 001.
2. SMT. SOWMYA N
POLICE INSEPCTOR
CCB, WOMENS PROTECTION CELL
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI RAHUL RAI K, HCGP FOR
SRI HARSHITH B, ADV., FOR DEFACTO COMPLAINANT)
THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS)
PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE
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CRL.P No. 13661 of 2024
THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN
CONNECTION WITH CR.NO.213/2024 ON THE FILE OF COURT
OF THE FTSC-1, ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BENGALURU, FOR THE OFFENCES P/U/S 3,4,5 OF
IMMORAL TRAFFIC PREVENTION ACT, 1956, SEC. 4,8,6 OF
POCSO ACT, 2012, SEC. 143(2),143(3) OF BNS, 2023, THAT
REGISTERED BY THE RESPONDENT POLICE NO.1, BY
ALLOWING THIS PETITION.
IN CRL.P NO. 12685/2024:
BETWEEN:
1. SRI AJAY
S/O LATE THIMMESHAPPA
AGED ABOUT 44 YEARS
R/AT NO.645 PJ LAYHIOUT
7TH MAIN, 7TH CROSS
DVANAGERE - 577 001.
2. NAGENDRA REDDY
S/O LATE K.V. REDDY
AGED ABOUT 47 YEARS
R/AT NO.103, BALALJI RESIDENCY
B BLOCK, DAVANAGERE - 577 001.
3. BHARATHESH KUMAR S.M
@ BHARATH
S/O MYLARAPPA
R/AT 2721, I FLOOR, II MAIN
III CROSS, NEAR MISHRA PEDA
MCC B BLOCK, DVANAGERE - 577 001.
...PETITIONERS
(BY SRI K. PRASANNA SHETTY, ADV.)
AND:
1. STATE OF KARNATAKA BY
CHIKKAJALA P.S
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE - 560 001.
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CRL.P No. 13661 of 2024
2. SOWMYA N
POLICE INSPECTOR
CCB WOMEN PROTECTION
FORCE BANGLORE - 560 021.
...RESPONDENTS
(BY SRI RAHUL RAI K, HCGP FOR
SRI HARSHITH B, ADV., FOR DEFACTO COMPLAINT)
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS)
CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CRIME NO.213/2024 CHIKKAJALA P.S., REGISTERED BY
RESPONDENT POLICE, PENDING ON THE FILE OF THE
ADDL. C.C AND SESSIONS JUDGE, FTSC I BENGALURU FOR
THE ALLEGED OFFENCE P/US/ 3,4,5 OF IMMORAL TRAFFIC
PREVENTION ACT 1956 AND SEC.4,8,6 OF POCSO ACT AND
SEC.143(2) AND 143(3) OF BNS.
IN CRL.P NO. 13661/2024
BETWEEN:
SRI CHANDRASHEKAR REDDY
AGED ABOUT 46 YEARS
S/O NARASIMHA REDDY
C/O SUSHEELAMMAS RENTED HOUSE
NEAR GOVERNMENT SCHOOL
VIDHAYANGAR CROSS JALA HOBLI
BENGALURU - 560 057.
...PETITIONER
(BY SRI SUMANTH L BHARADWAJ, ADV.)
AND:
1. THE STATE OF KARNATAKA
BY CHIKKAJALA POLICE STATION
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
2. SMT. SOWMYA N
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CRL.P No. 13661 of 2024
POLICE INSPECTOR
CCB, WOMENS PROTECTION CELL
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI RAHUL RAI K, HCGP FOR R-1;
SRI HARSHITH B, ADV., FOR DEFACTO COMPLAINT)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483
BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO
RELEASE THE PETITIONER ON REGULAR BAIL, WHO IS IN
JUDICIAL CUSTODY SINCE 27.10.2024 IN CONNECTION
WITH CR.NO.213 OF 2024 ON THE FILE OF COURT OF THE
COURT OF THE FTSC-1, ADDL. CITY CIVIL AND SESSIONS
JUDGE, BENGALURU FOR THE OFFENCE P/U/S 3, 4 AND 5
OF THE IMMORAL TRAFFIC PREVENTION ACT, 1956 AND
SEC. 4, 8 AND 6 OF THE POCSO ACT, 2012 AND 143(2)
AND 143(3) OF THE BNS, 2023 THAT REGISTERED BY THE
RESPONDENT CHIKKAJALA POLICE STATION, BY
ALLOWING THIS PETITION, ON SUCH TERMS AND
CONDITIONS AS THIS HONBLE COURT MAY DEEM FIT TO
IMPOSE IN THE CIRCUMSTANCES OF THIS CASE.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused Nos.2 to 6 in Crime No.213/2024 registered by
Chikkajala Police Station, Bengaluru City, for the offences
punishable under Sections 3, 4 and 5 of the Immoral Traffic
Prevention Act, 1956, Sections 4, 6 and 8 of the Protection of
Children from Sexual Offences Act, 2012 and Sections 143(2)
and 143(3) of the BNS, 2023, are before this Court in these
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three petitions filed under Section 482 and Section 483 of
BNSS, 2023, seeking anticipatory bail and regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.213/2024 was registered by Chikkajala
Police Station, Bengaluru City, for the aforesaid offences
against one Gopalareddyon the basis of the first information
dated 25.10.2024 received from Sowmya N, Police Inspector,
attached to CCB Women Protection Wing, Bengaluru. After
registration of the FIR, raid was conducted to Hotel in which
allegedly accused named in the FIR was carrying on the illegal
business of prostitution and during the course of raid, accused
Nos.1 to 5 were apprehended in the Hotel and a minor victim
girl was rescued by the raiding squad. Apprehended accused
were arrested and remanded to judicial custody. Accused Nos.2
to 4 had filed Crl.Misc.No.10119/2024 seeking regular bail
before the jurisdictional Sessions Court which was rejected on
20.11.2024. Accused No.5, who is the Manager of the Hotel on
which raid was conducted, had filed Crl.Misc.No.10190/2024
before the jurisdictional Sessions Court which was rejected on
22.11.2024. Apprehending arrest in the said case, accused
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No.6, who is the owner of the Hotel on which raid was
conducted, had filed Crl.Misc.No.10051/2024 before the
jurisdictional Sessions Court which was rejected on 19.11.2024.
Therefore, accused Nos.2 to 4 are before this Court in
Crl.P.No.12685/2024, accused No.5 is before this Court in
Crl.P.No.13661/2024 and accused No.6 is before this Court in
Crl.P.No.12700/2024.
4. Learned counsel for the petitioners/accused Nos.2 to 4,
submits that even if the allegations found in the statement of
the victim girl recorded under Section 183 of BNSS, 2023, are
presumed to be true, only offence punishable under Section 8
of the POCSO Act, 2012, will get attracted against them. They
do not have any criminal antecedents. They are in custody from
27.10.2024. Major portion of the investigation in the case is
completed. Accordingly, he prays to allow the petition.
5. Learned counsel for the petitioner/accused No.5 submits
that accused No.5 is working as Manger in the Hotel on which
raid was conducted. He has no criminal antecedents. He is in
custody from 27.10.2024. Accordingly, he prays to allow the
petition.
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5. Learned counsel for the petitioner/accused No.6 submits
that accused No.6, is the owner of the Hotel to which raid was
conducted and in the said Hotel there are 24 rooms. Merely for
the reason that one of the rooms was misused by a customer
for carrying on some illegal activities, the Hotel cannot be
termed as ‘brothel’ within the meaning of Section 2(a) of the
Immoral Traffic Prevention Act, 1956.He submits that accused
No.6 has no criminal antecedents. He is ready and willing to
cooperate with the police for the purpose of investigation.
Accordingly, he prays to allow the petition.
6. Per contra, learned HCGP appearing for respondent No.1
and the learned counsel appearing on behalf of the guardian of
the minor victim girl have opposed the petitions. Learned HGCP
submits that offence punishable under the provisions of SC/ST
(POA) Act, are also sought to be invoked in the present case
and necessary application is filed before the jurisdictional Court
seeking permission, which is granted.
7. Learned counsel appearing on behalf of the guardian of
the minor victim girl, who has filed his statement of objections,
submits that serious allegations are found against the accused
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persons and therefore, at this stage, their prayer for grant of
regular bail and anticipatory bail cannot be granted.
Investigation of the case is still under progress. He submits that
the Hon’ble Supreme Court in the case of Pankaj Singh vs.
The State of Punjab in Special Leave to Appeal (Crl.)
No.3687/2021 disposed of 21.05.2021 has refused to grant
anticipatory bail to the owner of the brothel in a case registered
under the provisions of the Immoral Traffic Prevention Act,
1959, and therefore, the prayer made by accused No.6 cannot
be granted.
8. FIR in the present case was initially registered against
accused No.1 – Gopalreddy. Thereafter, a raid was conducted
to a room in ‘SV Dreams Stay Hotel’, Brindavan Layout,
Vidyanagara Cross, Bengaluru, in which accused No.1 was
allegedly carrying on illegal activities of prostitution by using
minor girls. During the course of raid, accused Nos.1 to 5 were
apprehended in the room of the Hotel and a minor girl was
rescued. Accused Nos.2 to 4 are allegedly the customers, who
were found in the room. Accused No.5 is the Manager, working
in the said Hotel and accused No.6 is the owner of the Hotel.
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9. During the course of investigation of the case, statement
of the victim girl aged about 17 years, was recorded under
Section 183 of BNSS, 2023, by the jurisdictional Magistrate on
07.11.2024. In the said statement, victim girl has made
allegation of committing penetrative sexual assault on her only
as against accused No.1. She has also stated that at the
instance of accused No.1, certain other persons also had sexual
intercourse with her after paying money to her. She has further
stated that on 26.10.2024, accused No.1 had sent her inside a
room in which accused Nos.1 to 4 were present. When she was
in the room, one amongst the four had asked her to sit on his
lap and the said person allegedly had touched her body
inappropriately. At that time, police came to the room and
rescued her. From the aforesaid statement made by the victim
girl under Section 183 of BNSS, 2023, it is very clear that on
26.10.2024, accused Nos.2 to 4 had gone to the room in SV
Dreams Stay Hotel as customers and after the victim girl came
inside the room, she was made to sit on the lap of one of the
accused and the said accused allegedly had touched her body
inappropriately. Except the said statement, there is no other
allegation against accused Nos.2 to 4. Therefore, at best, the
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offence punishable under Section 8 of the POCSO Act, 2012,
may get attracted against accused Nos.2 to 4. They are in
custody from27.10.2024. Major portion of the investigation in
the case is completed. Undisputedly, they do not have any
criminal antecedents and they are all youngsters. Accused No.5
is the Manager working in the aforesaid Hotel. Accused No.5
has no other criminal antecedents. He was arrested on the date
of raid and ever since then, he is in custody. Accused No.6 is
the owner of the Hotel to which raid was conducted on
26.10.2024. In one of the room in the Hotel belonging to
accused No.6 which was booked by accused No.1, he was
allegedly carrying on illegal business of prostitution using a
minor girl.
11. The Hon’ble Supreme Court in the case of Pankaj Singh
(supra) has refused to interfere with the order passed by the
Hon’ble High Court of Punjab and Haryana, wherein anticipatory
bail was rejected to the owner of the premises which was used
for the purpose of carrying on illegal activities of prostitution.
Accused No.6 is the owner of the Hotel comprising of 24 rooms
and merely for the reason that one of the room was misused by
a customer, the Hotel cannot be termed as ‘brothel’ within the
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meaning of Section 2(a) of the Immoral Traffic Prevention Act,
1956. There is nothing on record to suggest that accused No.1
was carrying on his illegal business of prostitution with the
knowledge and consent of accused No.6. Under the
circumstances, I am of the opinion that the prayer made by the
petitioners/accused Nos.2 to 6 for grant of anticipatory bail and
regular bail needs to be answered affirmatively. Accordingly,
the following order:-
12. The petitions are allowed. The petitioners/accused Nos.2
to 5 are directed to be enlarged on regular bail in Crime
No.213/2024 registered by Chikkajala Police Station, Bengaluru
City, for the offences punishable under Sections 3, 4 and 5 of
the Immoral Traffic Prevention Act, 1956, Sections 4, 6 and 8
of the Protection of Children from Sexual Offences Act, 2012
and Sections 143(2) and 143(3) of the BNS, 2023, subject to
the following conditions:
a) Petitioners/accused Nos.2 to 5 shall execute a
personal bond for a sum of Rs.1,00,000/- each with
two sureties for the likesum, to the satisfaction of
the jurisdictional Court;
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b) The petitioners/accused Nos.2 to 5 shall appear
regularly on all the dates of hearing before the Trial
Court unless the Trial Court exempts their
appearance for valid reasons;
c) The petitioners/accused Nos.2 to 5 shall not
directly or indirectly threaten or tamper with the
prosecution witnesses;
d) The petitioners/accused Nos.2 to 5 shall not
involve in similar offences in future;
e) The petitioners/accused Nos.2 to 5 shall not
leave the jurisdiction of the Trial Court without
permission of the said Court until the case registered
against them is disposed off.
13. The respondent – Police or any other police in the State of
Karnataka are directed to release the petitioner/accused No.6
in the event of his arrest in Crime No.213/2024 registered by
Chikkajala Police Station, Bengaluru City, for the offences
punishable under Sections 3, 4 and 5 of the Immoral Traffic
Prevention Act, 1956, Sections 4, 6 and 8 of the Protection of
Children from Sexual Offences Act, 2012 and Sections 143(2)
and 143(3) of the BNS, 2023, subject to the following
conditions:
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1. The Petitioner/accused No.6 shall appear before
the Investigating Officer within 15 days from the
date of receipt of the copy of this order and shall
execute a personal bond for a sum of Rs.1,00,000/-
with two sureties for the likesum to the satisfaction
of the investigating officer.
2. Petitioner/accused No.6 shall regularly appear
before the Trial Court without fail unless exempted
by the Trial Court for valid reasons.
3. Petitioner/accused No.6 shall not tamper with the
prosecution witness and he shall co-operate with the
police for investigation and appear before them
whenever called upon.
4. The petitioner/accused No.6 shall not involve in
similar offences in future;
SD/-
(S VISHWAJITH SHETTY)
JUDGE
DN