- 1 - NC: 2025:KHC:10018 CRL.P No. 1955 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1955 OF 2025 BETWEEN: RATHAN M S/O LATE MAHESH AGED ABOUT 28 YEARS R/AT NO.575/1, VOKKALAGERE STREET, RAMAMANDIRA ROAD NANJANAGUDU TOWN MYSURU DISTRICT - 571 301 PRESENTLY RESIDING AT RAMACHANDRA NILAYA NEAR POST OFFICE JAYAKUMAR INCHARA LAYOUT BOGADI, MYSURU - 570 026. …PETITIONER (BY SRI RAKSHITH K.S, ADV., FOR SRI VIVEKANANDA N, ADV.) AND: STATE OF KARNATAKA BY SARASWATHIPURAM.P.S VIJAYANAGAR SUB DIVISION MYSURU, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIHA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER / ACCUSED NO.4 HEREIN ON BAIL BY SETTING ASIDE THE IMPUGNED ORDER DATED 06.02.2025 PASSED IN CRL.MISC.NO.143/2025 ON THE FIEL OF HONBLE PRL. DIST. AND SESSIONS JUDGE, MYSURU AT ANNEXURE-C ARISING OUT OF THE Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10018 CRL.P No. 1955 of 2025 CR.NO.11/2025 REGISTERED BY THE RESPONDENT SARSWATHIPURAM P.S., MYSURU, FOR THE OFFENCE P/U/S 3, 4, 5 OF I.T.P. ACT, 1956 AND SEC. 143 OF BNS, 2023, ON THE FILE OF III JMFC, MALAVADI MYSURU AND GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HONBLE COURT DEEMS FIT AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.4 in Crime No.11/2025 registered by Saraswathipuram Police Station, Mysuru District for the offences punishable under Sections 3, 4 & 5 of Immoral Traffic Prevention Act, 1956 and Section 143(2) of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.11/2025 was registered by Saraswathipuram Police Station, Mysuru District for the aforesaid offences against one Prashanth and others, on the basis of first information dated 23.01.2025 received from Mahendra T S, Police officer attached to - 3 - NC: 2025:KHC:10018 CRL.P No. 1955 of 2025 Saraswathipuram Police Station. During the course of investigation of the case, the petitioner herein was arrested on 23.01.2025. He has been arraigned as accused No.4 in the present case. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.143/2025 was dismissed on 06.02.2025. Therefore, he is before this Court. 5. Learned counsel appearing for the petitioner submits that even if the allegation found in the first information as well as in the remand application of the petitioner is presumed to be true, the alleged offences cannot be made out against the petitioner since he is only the alleged customer. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP who has opposed the petition fairly submits that since the petitioner is the alleged customer the provisions of ITP Act may not be applicable to him. - 4 - NC: 2025:KHC:10018 CRL.P No. 1955 of 2025 7. Perusal of the material on record would go to show that, based on the credible information a raid was conducted to the alleged premises on 23.01.2025 and it was found that accused persons named in the FIR were allegedly running the illegal business of prostitution in the said premises. The petitioner and two others found in the premises were arrested and subsequently produced before the Court and remanded to judicial custody. 8. Accused Nos.1 and 2 have been granted anticipatory bail by the learned Sessions Court. The allegation against the petitioner is that he was customer, who was found in the premises in question when the raid was conducted. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 9. Accordingly, the following: - 5 - NC: 2025:KHC:10018 CRL.P No. 1955 of 2025 ORDER The petitioner is directed to be enlarged on bail in Crime No.11/2025 registered by Saraswathipuram Police Station, Mysuru District for the offences punishable under Sections 3, 4 & 5 of Immoral Traffic Prevention Act, 1956 and Section 143(2) of BNS, 2023, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 6 - NC: 2025:KHC:10018 CRL.P No. 1955 of 2025 d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS