Karnataka High Court
Prashanth vs State Of Karnataka on 17 February, 2022
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION No.2288 OF 2021
BETWEEN
1. PRASHANTH
S/O LATE NARAYANAPPA
AGED ABOUT 26 YEARS
RESIDING AT NO.115
VENKATAPPA LANE
NEAR MARAMMA TEMPLE
MAVAHALLI
BENGALURU-560 004.
2. VISHWANATH
S/O LATE ASHWATHAPPA
AGED ABOUT 33 YEARS
RESIDING AT NO.165
SHETTY HALLI MAIN ROAD
JALAHALLI WEST
BENGALURU-560 015.
... PETITIONERS
(BY SRI KUMARA K.G., ADVOCATE)
AND
1. STATE OF KARNATAKA BY
CHANDRA LAYOUT POLICE STATION
BENGALURU-560 040.
2. V.D.SHIVARAJU
AGED MAJOR
WOMEN AND NARCOTIC DRUGS SQUAD
CCB, N.T. PETE
2
BENGALURU.
... RESPONDENTS
(BY SRI B.J. ROHITH, HCGP FOR R-1
R-2 SERVED UNREPRESENTED )
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C PRAYING TO QUASH THE ENTIRE PROCEDINGS IN
S.C.NO.988/2018 ON THE FILE OF THE XLV ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-46) WHICH IS
ARISING OUT OF CR.NO.164/2016 OF CHANDRA LAYOUT P.S.,
FOR AN OFFENCE UNDER SECTION 370 OF IPC AND UNDER
SECTIONS 3, 4, 5, 7 OF I.T.P. ACT AS AN ABUSE OF PROCESS
OF LAW.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioners-accused Nos.2
and 3 under Section 482 of Cr.P.C for quashing the
criminal proceedings against them in S.C.No.988/2018
arising out of Crime No.164/2016 registered by Chandra
Layout Police Station, Bengaluru pending on the file of XLV
Additional City Civil and Sessions Judge, Bengaluru for the
offences punishable under Sections 3, 4, 5 and 7 of the
Immoral Traffic Prevention Act, 1956 (for short 'ITP Act').
2. Heard the arguments of learned counsel or the
petitioners and Learned High Court Government Pleader
for the respondent No.1-State.
3. The case of the prosecution is that on the suo-
moto complaint, the Police raided the house of accused
No.1 at 235, 8th Cross, Anubhavanagar, Nagarbhavi Main
Road, Bengaluru where accused No.1 was said to be
engaged in prostitution business by using the victim girls
i.e., CWs.2 to 4 where these petitioners are said to be the
customers and they are arraigned as accused Nos.2 and 3.
4. The learned counsel for the petitioners submits
that as the petitioners are the customers, the offence
under Sections 3 and 4 are not attracted against these
petitioners. Hence, prayed for quashing the same.
5. Having heard the arguments and on perusal of
the allegation that the petitioners are only the customers
who went for prostitution. Therefore, the alleged offences
under Sections 3, 4, 5 and 7 of ITP Act do not attract
against the petitioners. Learned counsel for the petitioners
has relied upon the judgment of Single Judge of this Court
in W.P.No.56504/2015 dated 17.12.2015 in the case
of Mahesh Hebbar alias Mahesh vs. The Station
House Officer, Banaswadi Police Station wherein, this
Court has categorically held at paragraph Nos.2 and 3
which are as under:
" 2. On a reading and understanding of
the Act of Section 3 of the Act is about
punishment for keeping a brothel or allowing
premises to be used as a brothel, Section 4 of
the Act pertains to punishment for living on the
earnings of prostitution, Section 5 of the Act is
about procuring, inducing or taking (person)
for the sake of prostitution, Section 7 is in
respect of Prostitution in or in the vicinity of
public places.
3. The petitioner, who is alleged to have
been found in the brothel, does not fall within
definition of prostitution as contemplated
under Section 2(f) of the Act, and no offence
under the above Act can be made out against
him. His prosecution is illegal and allowing the
criminal proceedings to continue against him is
pure abuse of process of law."
6. The main allegation goes against accused No.1
as she has conducted brothel, whereas CWs.2 to 4 are the
victims who were engaged by accused No.1 for brothel as
the spinster customers which is not in dispute. Therefore,
no offence is made out against the petitioners which is
punishable under Sections 5 and 7 of ITP Act, therefore,
conducting proceedings against the petitioners is abuse of
process of law. Hence, it is liable to be quashed.
7. Accordingly, criminal petition is allowed.
8. The criminal proceedings against the
petitioners-accused Nos.2 and 3 in S.C.No.988/2018
arising out of Crime No.164/2016 registered by Chandra
Layout Police Station, Bengaluru pending on the file of XLV
Additional City Civil and Sessions Judge, Bengaluru is
hereby quashed.
Sd/-
JUDGE
GBB
