- 1 - HC-KAR NC: 2025:KHC:19642 CRL.P No. 2259 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.2259 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: MAHESH @ MORI MAHESH S/O.RANGAIAH AGED ABOUT 55 YEARS R/AT CHOLARAPALYA MAGADI ROAD BENGALURU-683 576 …PETITIONER (BY SRI C.N.RAJU, ADVOCATE) AND: 1. STATE BY K.R.PURAM POLICE BENGALURU REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560 001 2. HANUMANTHRAJ M. AGED ABOUT 47 YEARS POLICE OFFICER CENTRAL CRIME SECTION WOMEN PREVENTION FORCE N.T.PETE, BENGALURU-560 002 … RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP FOR R-1; R-2 IS SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC. (FILED UNDER SECTION 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET FILED IN S.C.NO.422/2023 ON THE FILE OF C/C LXXI ADDITIONAL CITY CIVIL AND SESSIONS Digitally signed by NARAYANA UMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19642 CRL.P No. 2259 of 2025 JUDGE, BENGALURU ARISING OUT OF CRIME NO.591/2019 OF K.R.PURAM POLICE, BENGALUR FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3, 4, 5, 6 AND 7 OF THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956 AND SECTION 370 OF IPC. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: "To quash the charge sheet filed in S.C.No.422/2023 on the file of C/C LXXI Additional City Civil & Session Judge Bangalore, arising out of crime No.591/2019 of K.R.Puram Police, Bangalore. for the offence P/u P/u. 3, 4, 5, 6, 7 of immoral Traffic prevention act 1956 and for the offence P/u 370 of IPC. by allowing this petition In the interest of justice." 2. A perusal of the material on record would indicate that on 12.11.2019, a raid was conducted by respondent No.2 at premises No.17, Ground Floor, 5th Cross, Shanthabai Road, Srinivasa Nagara, K.R.Puram, Bengaluru, pursuant to which, the respondents filed - 3 - HC-KAR NC: 2025:KHC:19642 CRL.P No. 2259 of 2025 instant FIR in Crime No.591/2019 against the petitioner- accused No.1 and 5 others accused persons for the offences punishable under Sections 3, 4, 5, 6 and 7 of the Immoral Traffic (Prevention) Act, 1956 and Section 370 of IPC. In pursuance to the same, the respondents conducted investigation and filed chargesheet, which is currently pending in SC.No.422/2003 and the same assailed in the present petition. 3. A perusal of the material on record, in particular, the allegation made against petitioner-accused No.1 would indicate that it is an undisputed fact that the petitioner is neither the owner of the premises nor was he a tenant of the premises in question. It is also not in dispute that the petitioner is not one of the customers or directly involved in the commission of the alleged offences. In fact, the only reason for arraigning the petitioner as an accused is that he was present at the time of the raid and in the absence of corroborative material to indicate that the petitioner was involved in the commission of the alleged offences, - 4 - HC-KAR NC: 2025:KHC:19642 CRL.P No. 2259 of 2025 mere presence of the petitioner at the time of raid in the premises in question would not be sufficient to satisfy or attract the ingredients contained in the alleged offences especially when the chargesheet material comprising of FIR, complaint, statement of witnesses and documents do not indicate the commission of the alleged offences and therefore, the impugned proceedings deserves to be quashed. 4. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The proceedings in S.C.No.422/2023 arising out of FIR in Crime No.591/2019 registered by the respondent – Police, pending on the file of the C/c. LXXI Additional City Civil and Sessions Judge, Bengaluru, for the offences punishable under Sections 3, 4, 5, 6 and 7 of the Immoral Traffic (Prevention) Act, 1956 and Section 370 - 5 - HC-KAR NC: 2025:KHC:19642 CRL.P No. 2259 of 2025 of IPC, insofar as the petitioner is concerned are hereby quashed. Pending I.As., if any, stand disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE LB List No.: 1 Sl No.: 36