GANESH BABU P.M. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused No.9 under Sec. 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C. ', for brevity) seeking anticipatory bail in Crime No.244/2018 of Brucepete Police Station, registered for the offences punishable under Ss. 3(2)(A), 2(B), 5(1)(D) of Immoral Traffic Prevention Act and Sec. 370 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC ', for brevity).

(2.) The case of the prosecution is that, one Umesh Eshwar Nayak, Deputy Superintendent of Police received credible information on 02/08/2018 at about 12.30 pm, about running of a brothel house. He along with his subordinate staff and panchas, rushed to the Durga lodge situated near Nataraja Talkies, Ballari Town and went inside the lodge in Room No.120, at that time, they found a lady by name Nazma Khatun of West Bengal and a male person, who were in half naked with four condoms on the bed. In room No.111 of the said lodge, they found a lady and a man with five condoms on the bed. In Room No.113, they found a lady and a man in naked position with six condoms on the bed. Thereafter, they found two female and male persons. At that time, accused Nos. 1 to 5 are caught red handed while they were involving in the activity of immoral trafficking and running brothel. The said complaint came to be registered in Crime No.244/2018 of Brucepete Police Station, Ballari, for the aforesaid offences against accused Nos. 1 to 8. Subsequently, after investigation, charge sheet has been filed against accused No.1 to 5 and the petitioner (Accused No.9). The petitioner/accused No.9, apprehending his arrest, has filed Crl.Misc.No.306/2021 seeking anticipatory bail and the same came to be rejected by the Principal District and Sessions Judge, Ballari, by order dated 02/06/2021. Therefore, the petitioner is before this Court seeking anticipatory bail.

(3.) Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.