BIDHU BHUSHAN MAHAPATRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE petitions are filed by petitioners -accused Nos. 1 to 3 under Section 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, under Section 14 of the Foreigners Act, under Section 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.

(2.) 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.

(3.) 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.