Bidhu Bhushan Mahapatra vs State of Karnataka

Budihal. R.B, J.—These petitions are filed by petitioners-accused Nos. 1 to 3 u/s 439 of Cr.P.C. seeking their release on bail of the alleged offences punishable under Sections 4, 5 and 7 of Immoral Traffic (Prevention) Act, 1956, u/s 14 of the Foreigners Act, u/s 67 of the Information and Technology Act, 2000 and also under Sections 370-A(2), 370 and 292 of IPC registered in respondent-police station Crime No. 29/2014.

The case of the prosecution in brief as per the averments made in the complaint are that the complainant received the information on 7.2.2014 that through international website some persons are indulged in human trafficking in Bangalore city by taking Iranian girls for prostitution and earning money. It is further alleged that on 8.2.2014 a decoy was arranged by making call to mobile No. 9980815666 to arrange for girls and accordingly, at 6.30 p.m. they went near Kaiser apartment situate at I Main road, SBM colony, Anand nagar, Bangalore. In the said apartment at first floor, petitioner and accused Nos. 2 and 3 who are two girls of Iran having found there taken to custody and their person was searched. Later it was ascertained that two websites were being run and through it customers were having attracted. Petitioners and two other girls were arrested and produced before the SHO of Hebbal police. Then the case was registered against accused Nos. 1 to 3 for the alleged offences.

Heard the arguments of the learned counsel for the petitioners-accused No. 1 to 3 in all the three petitions and also the learned Government Pleader appearing for the respondent-State.

The learned counsel for the petitioners during the course of his arguments has submitted that as per the provisions of the Immoral Traffic (Prevention) Act, a specially authorized officer has to conduct raid in the matter and in this particular case, no such authorization was made and the alleged raid is said to have been conducted by the police officer who was not authorized by any order. Therefore, the whole raid proceedings are vitiated. Even as per the mahazar and also the raid proceedings, it is not the case of the prosecution that accused Nos. 2 and 3 were indulged in prostitution at the time of raid. According to the case of the prosecution accused Nos. 1 to 3 were present and no clients were there at the time of the raid proceedings. It is submitted that tomorrow is the 60th day to complete the investigation and to file the charge sheet in the matter. Investigation of the case is almost completed. Hence, by imposing reasonable conditions, petitioners may be enlarged on bail.

As against this, learned Government Pleader during the course of his arguments has submitted that if at all accused Nos. 2 and 3 are only the students who came to India to prosecute their studies what was the reason for them to be present in such a place. The said fact itself speaks about the commission of the offences. Therefore, when such serious allegations are made against the petitioners herein, they are not entitled to be granted with bail.

I have perused the averments made in the bail petition, FIR, complaint, order passed by the lower Court on the bail application and also other materials placed on record.

As it is submitted that the investigation of the case is almost completed and so far as the seizure is concerned, as per the prosecution case when they conducted raid proceedings they have seized incriminating materials at the time of raid, nothing further is to be seized from the present petitioners. Apart from that, the offences alleged are not exclusively punishable with death or imprisonment for life. All the petitioners have contended in the bail petitions that they are not at all involved in the commission of the alleged offences and there is a false implication. When according to both sides, investigation is almost completed and charge is to be filed tomorrow, I am of the opinion that by imposing reasonable conditions to secure the presence of the petitioners before the trial Court during the trial proceedings, they can be admitted to bail.

Accordingly, all the petitions are allowed. Petitioners-accused Nos. 1 to 3 are ordered to be released on bail of the alleged offences registered in respondent-police station Crime No. 29/2014, subject to following conditions:-

(i) Each petitioner shall execute a personal bond for a sum of Rs. 50,000/- and furnish one solvent surety for the like sum to the satisfaction of concerned Court.

(ii) Petitioners shall not intimidate or tamper with prosecution witnesses directly or indirectly.

(iii) Petitioners shall appear before the concerned Court regularly.

Since accused Nos. 2 and 3 are foreign nationals, if the Consulate General office has released the passports of accused Nos. 2 and 3 they shall surrender the same immediately before the concerned Court, if not, they shall obtain and surrender the same to the concerned Court, within 30 days from the date of receipt of this order.