Karnataka High Court
Smt Gomatheswari vs State Of Karnataka on 5 June, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:19448
CRL.P No. 6204 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
CRIMINAL PETITION NO. 6204 OF 2018 (482)
BETWEEN:
1. SMT GOMATHESWARI
W/O LATE RAVIKUMAR,
AGED ABOUT 42 YEARS,
R/AT 1ST CROSS,
T.C.PALYA,K.R.PURAM,
NEAR GARDEN CITY COLLEGE,
BEHIND CHURCH, BENGALURU
(IN JUDICIAL CUSTODY)
...PETITIONER
(BY SRI. R V SHIVANANDA REDDY., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY JEEVANABHIMANAGARA POLICE,
REPTD.BY STATE PUBLIC PROSECUTOR,
Digitally HIGH COURT BUILDING,
signed by
KIRAN BENGALURU-560 001.
KUMAR R
Location:
HIGH 2. SMT K R BHADRAMMA
COURT OF
KARNATAKA POLICE INSPECTOR,
C.C.B.POLICE, N.T.PETE,
BENGALURU-560 052.
...RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R-1)
THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C BY
THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HON'BLE COURT MAY BE PLEASED TO QUASH THE ENTIRE
PROCEEDINGS AGAINST THE PETITIONER IN
S.C.NO.106/2015, PENDING ON THE FILE OF THE 60TH
-2-
NC: 2024:KHC:19448
CRL.P No. 6204 of 2018
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT
BANGALORE (CCH-61) FOR THE OFFENCE PUNISHABLE UNDER
SECTION 3, 4, 5 OF IMMORAL TRAFFIC ACT AND 370 OF IPC.
THIS PETITION, COMING ON FOR DISMISSAL FOR
NON-PROSECUTION, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
1. This petition is filed challenging the proceedings
registered against the petitioner for the offences
punishable under Sections 3, 4 and 5 of the Immoral
Traffic (Prevention) Act, 1956 (hereinafter for brevity
referred to as the "ITP Act").
2. The allegation in the complaint lodged by the Police
Inspector is to the effect that, he got reliable information
that the premises bearing No.132/C situated at 13th 'A'
cross, 2nd stage, H.A.L., Indiranagar was being used as a
brothel by the petitioner for the purposes of the
prostitution and hence on receiving of the information, he
proceeded to conduct a raid and seized the incriminating
material. A mahazar was also drawn up.
NC: 2024:KHC:19448
3. Learned counsel for the petitioner submits that, the
entire proceedings are liable to be quashed in the light of
the judgment rendered by this Court in
Crl.P.No.8435/2019 dated 07.01.2020, in which, this Court
has held that, the adherence to Section 15(2) of the ITP
Act, which contemplates the presence of two witnesses of
the locality, one of which would have to be a women has
not been complied with and this would vitiate the
proceedings.
4. The mahazar that is produced indicates that, the
alleged brothel was in Indiranagar and the witnesses, both
of whom are male, were not residents of Indiranagar and
were in fact residents of Konena Agrahara and
Thippasandra. The Co-ordinate Bench of this Court has
held that, the compliance of Section 15(2) which requires
one of the witnesses to be a women is mandatory and it
is also held that the complainant himself being an
Investigating Officer, the petitioner-accused would be
NC: 2024:KHC:19448
sufficiently prejudiced by allowing the prosecution to
continue.
5. In the light of the decision rendered by this Court in
Crl.P.No.8435/2019 where it is held that the presence of
women witness is mandatory for proceeding under the
provisions of the ITP Act, and impugned proceedings
cannot be sustained and were accordingly quashed.
Sd/-
JUDGE
GSR
