Citation : 2026 Latest Caselaw 3114 Kant
Judgement Date : 9 April, 2026
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NC: 2026:KHC:19907
CRL.P No. 2659 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL PETITION NO. 2659 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
PAVAN M
S/O MARUTHI
AGED ABOUT 25 YEARS
R/O DIBBURU VILLAGE,
DIBBURU POST,
Digitally
signed by KASABA HOBLI,
PAVITHRA
N TUMAKURU - 572 106.
Location:
High ...PETITIONER
Court of
Karnataka (BY SRI. PAVAN KUMAR G., ADVOCATE)
AND:
STATE OF KARNATAKA
BY JAYANAGARA P.S
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NC: 2026:KHC:19907
CRL.P No. 2659 of 2026
HC-KAR
TUMAKURU
REP BY SPP
HIGH COURT BUILDING
BANGALORE - 560 001.
...RESPONDENT
(BY Ms. ASMA KOUSER., ADDL. SPP)
---
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE
PETITIONER PRAYING TO ENLARGE THE PETITIONER ON BAIL
IN CRIME NO.21/2026 ON THE FILE OF IV ADDITIONAL CJ (JD)
AND V JMFC, TUMAKUR FOR THE OFFENCES P/U/S.3, 4, 5, 7 OF
THE ITP ACT AND SECTION 143 OF BHARATIYA NYAYA
SANHITA, 2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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NC: 2026:KHC:19907
CRL.P No. 2659 of 2026
HC-KAR
ORAL ORDER
1. The petitioner / accused, is before this Court seeking
regular bail in Crime No.21/2026 registered by the
respondent-police for the offences punishable under
Sections 3, 4, 5, 7 of Immoral Traffic Prevention Act,
1956 and Section 143 of Bharatiya Nyaya Sanhita, 2023.
Brief facts of the case:
2. The case of the prosecution is that on 30.01.2026 at
about 03.45 p.m., WPC-600 had informed the
complainant that she had received an information from
one Mallesh that his brother-in-law is running immoral
trafficking at his house by securing Girls from the inter-
districts. Based on the said information, the complainant
- Police have conducted the raid and arrested the accused
and remanded him to judicial custody. The investigation
is under progress.
3. Heard Sri Pavan Kumar G., learned counsel for the
petitioner and Ms. Asma Kouser, learned Additional SPP
for the respondent - State.
NC: 2026:KHC:19907
HC-KAR
4. The submission of the learned counsel for the petitioner is
that the petitioner is innocent of the alleged offences and
he has been falsely implicated in this case. There is a civil
dispute between the petitioner and the owner of the
building. In order to implicate the petitioner in a false
case and to get him evicted from the house, a false case
has been registered against him. The alleged offences
are neither punishable with death nor imprisonment for
life. The petitioner may be enlarged by imposing suitable
conditions. He will abide by the conditions imposed by
this Court in the event of his release on bail. Moreover,
the petitioner is the permanent resident of Dibburu
Village, Tumakur Taluk and District. Making such
submissions, learned counsel for the petitioner prays to
allow the petition.
5. Per contra, learned Additional SPP for the respondent -
State vehemently submitted that the petitioner has
committed heinous offence. He used to run brothel
house in the building where his brother-in-law is the
owner of the said building. The petitioner used to hire
NC: 2026:KHC:19907
HC-KAR
women and girls from various States and Districts, on the
pretext of getting them suitable jobs in respective
Companies and forced them to engage in the activities
and used to collect money from the customers. The act
committed by the petitioner is heinous in nature and
therefore, it is not appropriate to grant him bail. Making
such submissions, learned Additional SPP prays to reject
the petition.
6. Having heard learned counsel for the respective parties
and perused the averments of the remand application and
also the FIR, it appears that a complaint came to be
registered by the Police Officer Smt. Chandrakala T.S.,
who was working as PSI at Tumakuru Women Police
Station, alleging that prostitution is taking place in the
house situated behind Varadaraja College, Jayanagara
South Layout. The complainant and her team went to the
spot, conducted a raid and rescued the victims of the
crime. On thorough investigation, they came to know
that the petitioner was running the said brothel house.
NC: 2026:KHC:19907
HC-KAR
Hence, a complaint came to be registered against him for
the offences stated supra.
7. Be that as it may, on going through the facts and
circumstances of the case, I am of the considered opinion
that the petitioner has made out a case to grant him bail.
If suitable conditions are imposed, the apprehension of
the prosecution would be met.
8. Hence, I proceed to pass the following:-
ORDER
(i) The Criminal Petition is allowed.
(ii) The petitioner is ordered to be enlarged
on bail in Crime No.21/2026 registered
by the respondent-police for the
offences stated supra, on executing a
personal bond in a sum of
Rs.1,00,000/- (Rupees One Lakh only)
with one surety for the likesum to the
satisfaction of the Trial Court.
NC: 2026:KHC:19907
HC-KAR
(iii) The petitioner shall not threaten or
tamper the prosecution witnesses nor
hamper the proceedings of the Court.
(iv) The petitioner shall appear before the
Trial Court on all hearing dates without
fail.
(v) The petitioner shall not involve in any
criminal activities till disposal of the
case.
(vi) The petitioner shall co-operate with the
investigation till filing of the final
report.
In case the petitioner violates any of the bail conditions
as stated above, liberty is reserved to the prosecution to file
necessary application for cancellation of bail.
Sd/-
(S RACHAIAH) JUDGE
BSS List No.: 1 Sl No.: 1
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