Karnataka High Court

Rangaswamy vs State By Kengeri Police on 30 October, 2024

Author: S Vishwajith Shetty

Bench: S Vishwajith Shetty

                                                     -1-
                                                               NC: 2024:KHC:43762
                                                           CRL.P No. 9234 of 2024




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 30TH DAY OF OCTOBER, 2024

                                                BEFORE
                             THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
                                 CRIMINAL PETITION NO. 9234 OF 2024
                       BETWEEN:

                       1.    RANGASWAMY
                             S/O LATE SHIVANNA,
                             AGED ABOUT 38 YEARS,
                             RESIDING AT NO. 107,
                             NEAR ANJAYENA TEMPLE,
                             BETTANAPALYA VILLAGE,
                             RAMOHALLI POST,
                             KENGARI HOBLI,
                             BANGALORE - 560 060.
                                                                    ...PETITIONER
                       (BY SRI. RAJU C.N., ADVOCATE)
                       AND:

                       1.    STATE BY KENGERI POLICE
                             BANGALORE, REPRESENTED BY SPP,
                             HIGH COURT OF KARNATAKA,
Digitally signed by
                             BANGALORE.
REKHA R
Location: High Court
                             PIN CODE NO. 560001.
of Karnataka

                       2.    SOWMYA N
                             W/O NOT KNOWN,
                             AGED ABOUT 43 YEARS,
                             WOMEN PROTECTION WING,
                             CCB, N T PETE, BANGALORE,
                             PIN CODE NO. 560002.
                                                                  ...RESPONDENTS
                       (BY SRI. CHENNAPPA EERAPPA, HCGP FOR R-1
                        SMT. FEBA NISHA, ADVOCATE FOR R-2)
                           THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
                       OF CR.P.C. (FILED UNDER SECTION 483 BNNS) PRAYING TO
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                                        NC: 2024:KHC:43762
                                   CRL.P No. 9234 of 2024




ENLARGE THE PETITIONER ON BAIL IN CR.NO.393/2024 OF
KENGERI POLICE BENGALURU ON THE FILE OF THE
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE FTSC-V AT
BENGALURU FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 3, 4, 5 OF ITP ACT AND SECTIONS 4, 6 AND 8 OF
POCSO ACT AND FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 143(2) AND 143(3) READ WITH SECTION 64 OF
BNS ACT BY ALLOWING THIS PETITION.

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:    HON'BLE MR JUSTICE S VISHWAJITH SHETTY


                      ORAL ORDER

Accused No.3 in Crime No.393/2024 registered by

Kengeri Police Station, Bengaluru City, for the offences

punishable under Sections 3, 4 & 5 of Immoral Traffic

Prevention Act, 1956, Sections 143(2), 143(3) & 64 of

BNS 2023 and Sections 4, 6 & 8 of the Protection of

Children from Sexual Offences Act, 2012 (for short,

'POCSO Act') is before this Court under Section 483 of

BNSS Act 2023, seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in crime No.393/2024 was registered by

Kengeri Police Station, Bengaluru City, initially for the

offences punishable under Sections 3, 4 & 5 of Immoral

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Traffic Prevention Act, 1956, Sections 143(2), 143(3) of

BNS 2023, against Mangala and another on the basis of

the first information dated 01.08.2024 received from

Sowmya N, Police officer attached to Kengeri Police Station

Bengaluru. During the course of investigation of the case

petitioner herein was arrested on 02.08.2024 and

remanded to judicial custody. Investigation in the case is

now completed and charge sheet has been filed as against

seven persons for the aforesaid offences.

4. Bail application filed by the petitioner herein

before the Court of the trial Court in

Crl.Misc.No.7701/2024 was rejected on 30.08.2024.

Therefore, he is before this Court.

5. Learned counsel for the petitioner submits that

petitioner is alleged to be a customer, therefore a question

arises whether the alleged offences get attracted against

the petitioner herein. Petitioner was not aware of the age

of the victim, he has no other criminal antecedents.

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Investigation in the case is already completed.

Accordingly, he prays to allow the petition.

6. Per contra, learned HCGP and learned counsel

appearing for respondent No.2 who has filed statement of

objections have opposed the bail petition. Learned HCGP

submits that the victim is a minor and therefore alleged

offences get attracted even against the petitioner. Learned

counsel for respondent No.2 has placed reliance on the

order passed by the High Court of Kerala, in Crl.Revision

Petition No.1208/2023 in the case of Abhijith Vs State of

Kerala and submits that even a customer is liable to be

tried for offences punishable under the provisions of

Immoral Traffic Prevention Act., 1956. Accordingly, they

pray to dismiss the petition.

7. Perusal of the first information dated

01.08.2024 would reveal, the first informant had received

a credible information that accused Nos.1 ad 2 named in

the FIR were carrying on the illegal business of prostitution

in a apartment situated within the jurisdiction of Kengeri

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Police Station. Based on such information FIR was

registered and thereafter raid was conducted to the

alleged premises were accused Nos.1 and 2 were carrying

on the business of prostitution. From the premises in

question, the victim girl who was a minor was rescued and

the petitioner herein was found in the premises in question

was also apprehended. Subsequently, petitioner herein

was produced before the Jurisdictional Court and

remanded to judicial custody.

8. As per the charge sheet allegation, the

petitioner herein was a customer and allegation against

him is that he had attempted to have sexual intercourse

with the victim girl on 01.08.2024. Coordinate Bench of

this Court in Crl.P.No.9617/2021 disposed of on

03.02.2022 as observed as follows:

Having heard the respective counsel and also on perusal of the material available on record, in respect of offences under Sections 3, 4, 5 and 6 of Immoral Traffic Prevention Act, 1956 is concerned, the same does not attract against this petitioner. However, C.W.2 is a minor and this petitioner is a

NC: 2024:KHC:43762

customer and also according to the prosecution, the victim is aged about 17 years, 9 months. When this petitioner went as a customer, the very ingredients of Section 376 of IPC attracts or not is a matter of trial. Since, this petitioner is in custody from 23.10.2021 and already investigation has been completed and charge-sheet is filed, it is a fit case to exercise the powers under Section 439 of Cr.P.C., subject to imposing certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:-

9. Investigation in the case is completed and

charge sheet has been already filed. Even in the charge

sheet, allegation against the petitioner herein is that he

had attempted to have sexual intercourse with the victim

girl on 01.08.2024. Undisputedly, he has no criminal

antecedents. The judgment in the case of Abhijith vs State

of Kerala, on which reliance has been placed by learned

counsel for respondent No.2 was passed in a Criminal

Revision Petition, wherein a question arose, whether a

customer found in a brothel can be charged for the

offences punishable under the provisions of Immoral

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Traffic Prevention Act., 1956. The present petition is filed

seeking regular bail and therefore the order on which

reliance has been placed by learned counsel for

respondent No.2 cannot be made applicable to the facts

and circumstances of the case at this stage. In my

considered view, having regard to the facts and

circumstances of the case more so having regard to the

nature of the allegation found in the charge sheet against

the petitioner his prayer for grant of regular bail needs to

be answered affirmatively.

10. Accordingly, the following order.

ORDER

The petition is allowed.

The petitioner is directed to be enlarged on bail in

Crime No.393/2024 registered by Kengeri Police Station,

Bengaluru City, for the offences punishable under Sections

3, 4 & 5 of Immoral Traffic Prevention Act, 1956, Sections

143(2), 143(3) & 64 of BNS 2023 and Sections 4, 6 & 8 of

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the Protection of Children from Sexual Offences Act, 2012,

subject to the following conditions:

a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;