Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 2314 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: REVANNA S/O LATE SHIVANNA, AGED ABOUT 47 YEARS, R/O NO.907, 11TH CROSS, JANATHA NAGAR, T.K.LAYOUT, BOGADI, MYSURU-570 022. …PETITIONER (BY SRI. CHANDRASHEKARA K.A., ADVOCATE)
AND: THE STATE OF KARNATAKA BY THE POLICE OF Digitally SARASWATHIPURAM POLICE STATION, signed by MYSURU-570 009. LAKSHMI T REPRESENTED BY SPP, Location: High Court HIGH COURT OF KARNATAKA, of Karnataka BENGALURU-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP)
THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO PASS THE ORDER GRANT HIM ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.11/2025 OF SARASWATHIPURAM POLICE STATION, MYSURU NOW PENDING ON THE FILE OF THE LEARNED III JMFC COURT, MYSURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 3, 4 AND 5 OF IMMORAL TRAFFIC PREVENTION ACT, 1956 AND 143(2) OF BHARATIYA NYAYA SANHITA, 2023. -2-
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Heard both sides and perused the material on record.
2. Petitioner/accused No.3 has preferred this
petition seeking anticipatory bail in Cr.No.11/25 of Saraswathipuram Police Station, registered for offence punishable under Section 3, 4 and 5 of Immoral Traffic Prevention Act, 1956 and Section 143(2) of BNS, 2023.
3. In the suo moto complaint lodged by PSI,
Saraswathipuram Police Station it is alleged that on 23.1.2025 at about 6.00 p.m., he received an information that the accused are running a brothel at Eagle Fantacy Lodge situated at Bogadi. As such, he along with his staff and panchas conducted a raid in the said lodge run by accused Nos.1 and 2 and found accused Nos.4 to 6 were involved in running a prostitution. -3-
4. FIR is registered against accused Nos.1 and 2.
According to prosecution accused Nos.4 to 6 were present in the lodge when the police conducted raid. Petitioner’s name is cropped up in the remand application.
5. The allegations are that even this petitioner is
involved in the commission of the offence. The learned Sessions Judge has rejected his anticipatory bail petition on the ground that three more criminal cases are registered against him. However, in the present case, there is no sufficient material to deny the relief sought. It is not the case of the prosecution that the petitioner was present when the raid was conducted. It appears that on the voluntary statement of the co-accused, he has been arraigned as an accused in this case. Accused Nos.1 and 2, whose names are found in the FIR, have been granted bail. Petitioner has undertaken to co-operate with the investigation of the case. The apprehension of the prosecution that the petitioner may not co-operate with the investigation and flee from justice etc., can be -4- safeguarded by imposing suitable conditions. Hence, the following:
ORDER
1. Petition is allowed.
2. Petitioner/accused No.3 in Crime No.11/2025
registered by Saraswathipuram Police Station, shall be released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within a period of one week from
the date of receipt of a copy of this order
and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with a surety for the likesum. b) He shall furnish his residential address/contact number and shall inform the I.O. in case of any change in the address/contact number. c) He shall co-operate with the investigation of the case. -5- d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 41 Ct:ar