SMT MYTHRI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Since all the above three petitions are in respect of the same crime number and since common question of law and facts are involved in all the three petitions, they are taken up together to dispose of them by this common order in order to avoid repetition of facts and legal aspect.

(2.) Cr.P.No.9262/2017 is filed by petitioner- accused No.2, Crl.P.No.9164/2017 is filed by accused No.4 and Crl.P.No.9225/2017 is filed by accused No.5. All the three petitions are filed under Section 439 of Cr.P.C. seeking their release on bail for the offences punishable under Sections 3 , 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 and Section 370 r/w Section 34 of IPC registered in respondent - police station Crime No.56/2017.

(3.) Brief facts of the prosecution case as per the complaint averments are that on 27.10.2017 at about 2.15 p.m. on receipt of credible information the complainant along with his staff and panchas went near Malnad Mane Home stay and peeped through the window of a room and observed that two male persons were in a compromising state with two females. The informant with his staff at about 2.30 p.m. gained entry through the main door which reaches the hall and found five ladies and through the assistance of the staff they were encircled and later the informant observed a room latched from inside and on opening the door they noticed two male and two females in a semi naked state. On enquiry, the said male persons were identified as Santhosh and Chandregowda and the two females were were identified as Munni, W/o Sadiq, 36 years, housewife, Muslim by religion and Seema, W/o Rahil, 28 years, house maker, Muslim by religion, both residing near Mountain View school, Tippunagar, Chikkamagalur. The informant on enquiry with the said Munni and Seema given to understand that themselves along with other women outside the room namely, Sindhu, Mamatha and Savitha were facilitated to be brought there by Kavitha (A1), Maithri (A2), Rita (A3) and Vinay Naidu (A6) to indulge in sexual acts on consideration of money. He further learnt that Munni and Seema on their consensus entangled in the sexual act with the two persons. The informant on his enquiry with the said Santhosh and Chandregowda learnt that they had given Rs.1,000/- each to Munni and Seema and as a commission, Rs.2,000/- each to Kavitha and Rita. On the basis of the said information, the informant effected seizure mahazar and seized Rs.2,000/- from the possession of Kavitha and Rita and further seized two condoms which were below the cot. He made further enquires as to the ownership of the Home Stay. On his further enquiry with Kavitha and Rita, they confessed as to one Vinay Naidu was procuring women for prostitution and they were in turn providing the services of these prostitutes to their guests coming to their Home Stay. On the basis of the said complaint case was registered for the alleged offences.