DAVINDER KAUR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioner under Sec. 439 of Cr.P.C, having suffered an order dtd. 3/3/2020 before the learned V Additional District Judge, Bengaluru Rural District at Devanahalli in Crl.Mis.No.15042/2020 in Crime No.18/2020 registered against the petitioner by the Bengaluru International Airport Police Station at Bengaluru for the offence punishable under Sec. 370 of IPC.

(2.) The complaint lodged by the complainant - Smt.Baby Rana before the Bengaluru International Airport Police reveals that the accused No.1 approached the complainant offering an opportunity of providing a stage programme to the complainant at Bengaluru assuring that the complainant would get Rs.40,000.00[Rupees Forty Thousand only] salary per month. It was alleged that the accused No.1 took the complainant to Sonam at Punjab and kept her for four days in her company. On 11/2/2020, the accused Nos.1 and 2 along with one lady - Neha escorted the complainant to Chandigarh Airport. The accused No.1 sent the complainant with Neha to Bengaluru through flight. It is stated that Neha had informed the complainant that she has to perform the dance program on the stage and should involve in trafficking on the enquiry made by her regarding the nature of her job. It was informed that the petitioner would come to the Airport to take her to the place of work.

(3.) It was the case of the prosecution that the accused persons have conspired and indulged in human trafficking. It is not in dispute that the accused Nos.1 and 2 are absconding. No case is registered against Smt.Neha who accompanied the complainant from Chandigarh to Bengaluru in flight. The offence alleged against the petitioner under Sec. 370 of IPC is neither punishable with death nor imprisonment for life. No exception can be found with the cardinal principle that the bail is the rule and jail is an exception, in the facts and circumstances of the present case.