Anticipatory bail sought by accused No.1 in an Immoral Traffic Prevention Act case arising from a police raid on his Spa. The court noted he was absconding and that co-accused got regular bail only, held offences serious, and rejected the petition, leaving him free to surrender for regular bail.
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NC: 2024:KHC:9255 CRL.P No. 609 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR CRIMINAL PETITION NO. 609 OF 2024
BETWEEN:
SREENIVASA .R 41 YEARS OLD S/O RAMAIAH 618/11, 5TH CROSS, 4TH BLOCK, RAJAJI NAGAR, BENGALURU-560 100. (BY SRI. ABDUL SALAM, ADVOCATE FOR SRI. ASHA .K, ADVOCATE)
…PETITIONER
AND:
Digitally signed by SOWMYA D Location: High Court of Karnataka
STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-01, FOR THE INSPECTOR OF POLICE, ELECTRONIC CITY POLICE STATION, BANGALORE, KARNATAKA-560 001.
…RESPONDENT (BY SRI. K. NAGESHWARAPPA, ADVOCATE) THIS CRL.P IS FILED U/S 438 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRL.MISC.NO.2794/2023(CR.NO.458/2023) OF ELECTRONIC CITY P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 3, 4, 5, 7 OF IMMORAL TRAFFIC PREVENTION ACT ON THE FILE OF THE VI ADDL. PRL SESSIONS AND DISTRICT COURT BENGALURU RURAL DATED 04.01.2024.
NC: 2024:KHC:9255 CRL.P No. 609 of 2024
THIS PETITION, COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner/accused No.1 has filed this petition under Section 438 of Cr.P.C. seeking anticipatory bail in the event of his arrest in Electronic City Police Station, Bengaluru, in Cr.No.458/2023, registered for the offences punishable under Sections 3, 4, 5 & 7 of the Immoral Traffic Prevention Act, 1956.
staff and panchas, raided the Spa at 1.30 p.m., and found that accused No.2, who was working as receptionist, was collecting money from customers. After inspecting the rooms in the Spa, he found victim girls and customers and on enquiry, accused No.2 confirmed that at the instance of accused No.1, the prostitution is being run under the guise of running the Spa and she used to collect the money from customers and transfer the same to the account of accused No.1. He has seized the swiping machine, phone pay scanner, register book and initiated action. Then accused No.2 was arrested and she was produced before
the learned Magistrate and subsequently, she was enlarged on regular bail. The petitioner apprehending his arrest, has approached the learned Sessions Judge seeking anticipatory bail, but the petition came to be rejected. Hence, the petitioner is before this Court.
counsel for the petitioner and the learned HCGP. Perused the records.
NC: 2024:KHC:9255 CRL.P No. 609 of 2024
Spa is being owned by the present petitioner, who is arraigned as accused No.1. Further, during the raid, victim girls and customers were also found and accused No.2 reported regarding she receiving the amount from customers and transferring it to the petitioner. The offence is said to have noticed on 23.12.2023 and FIR was registered. But all along, the petitioner is absconding. The main contention of the learned counsel for the petitioner is that accused No.2 is already enlarged on bail. However, accused No.2 was granted regular bail but not an anticipatory bail. Nothing prevents the petitioner from surrendering before the learned Magistrate and seek for regular bail. Matter is still at the stage of investigation and petitioner, under the guise of running a Unisex Spa, is alleged to have been indulged in prostitution. Such offences are serious in nature and have adverse impact on the Society. Hence, they are required to be curtailed and looking to the nature and gravity of the offence, this is not
a fit case wherein the discretion can be exercised in favour of the petitioner in admitting him on anticipatory bail. The remedy for him is to surrender before the learned Magistrate and seek for regular bail. Hence, the petition being devoid of any merits, does not survive for
consideration and accordingly, stands rejected .
Sd/JUDGE
DS
List No.: 1 Sl No.: 40
1 issue framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. should be granted to accused No.1 alleged of running prostitution under the guise of a Spa.
2 provisions across 2 enactments
Sreenivasa .R
State rep. by Public Prosecutor, High Court Building, Bengaluru, for the Inspector of Police, Electronic City Police Station, Bangalore
Rajendra Badamikar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
