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Judgment
Rajendra Badamikar, J
This petition is filed by petitioner/accused No.3 under Section 439 of Cr.P.C. for enlarging him on bail in Bagepalli Police Station, Crime No.55/2024 registered for the offences punishable under Section 370 of IPC r/w Sections 3, 4 and 5 of the Immoral Traffic Prevention Act, 1956, which is pending on the file of the Prl. Civil Judge (Jr.Dn) & JMFC Court, Bagepalli, Chikkaballapura District.
Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State. Perused the records.
The allegations of the prosecution discloses that on receiving credible information regarding trafficking of woman, on 05.02.2024 at 2.30 p.m. the first informant along with her staff conducted raid at H.N.N. Lodge situated at Bagepalli Town, and during the raid, they found that victim and two customers were found in room No.202, indulged in prostitution. The victim was rescued, and it was noticed that the petitioner was a receptionist and accommodated the victim and two customers in indulging prostitution and facilitated in committing prostitution as per the instructions of accused Nos.1 and 2 who are the owners of the hotel. In this regard, the petitioner was arrested and produced before the learned Magistrate and was remanded to the judicial custody. The petitioner has approached the learned Sessions Judge and the learned Sessions Judge has rejected his bail petition. Hence, the petitioner is before this Court.
On perusal of the records, it is evident that the prosecution is for the offence Punishable under Section 370 of IPC r/w Sections 3, 4 and 5 of the Immoral Traffic Prevention Act, 1956. The allegations of the prosecution discloses that the raid was conducted in H.N.N. lodge situated in Bagepalli at around about 2.30 p.m., on 05.02.2024, and in room No.202 prostitution was noticed and the two customers and the victim were found there and the victim was rescued. As per the allegations of the prosecution, the petitioner is the receptionist of the lodge and he has facilitated the commission of the offences.
The allegations disclose that accused Nos.1 and 2 have secured the victim girl for prostitution and the petitioner/accused No.3 has been allowed then to occupy room No.202 by allotting the same. The petitioner is in custody and it is also submitted that he has co-operated in the investigation of the matter. It is further submitted that the investigation is almost completed and the presence of the petitioner is no more required by the investigating agency. Further, the offences alleged are not exclusively punishable with death or life imprisonment and are triable before the learned Magistrate.
Looking to these facts and circumstances, I do not find any impediment for admitting the petitioner on regular bail. The other apprehensions raised by the learned High Court Government Pleader can be meted out by imposing certain conditions. Hence, the petition needs to be allowed and accordingly, I proceed to pass the following:
ORDER
The petition is allowed.
The petitioner/accused No.3 is directed to be enlarged on bail in Crime No.55/2024 of Bagepalli Police Station, registered for the offences punishable under Section 370 of IPC r/w Sections 3, 4 and 5 of the Immoral Traffic Prevention Act, 1956, which is pending on the file of the Prl.Civil Judge (Jr.Dn) & JMFC Court, Bagepalli, Chikkaballapura District, on his executing a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the trial Court, subject to the following conditions that:
(i) He shall not indulge in any of the criminal activities
(ii) He shall not tamper the prosecution witnesses either directly or indirectly.
(iii) He shall attend the Court on all the dates of hearing, unless he is exempted by a specific order.
(iv) He shall co-operate for speedy disposal of the matter.