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2025 DAILYLAW 18560 (KAR)

SMT. VENKATALAKSHMAMMA v. STATE OF KARNATAKA BY

CRL.P/3035/2025 · 2025-03-12

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:10549 CRL.P No. 3035 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3035 OF 2025 BETWEEN: SMT. VENKATALAKSHMAMMA W/O LATE BYALAPPA AGED ABOUT 48YEARS R/AT NO. 88, L3RD CROSS RAGHAVENDRA LAYOTU CHIKAKBANAAA BENGALURU - 560 045 WRONGLY SHOWN INT THE FIR AS SMT. VENKATALAKSHMi SOLADEVANAHALLI POLICE STATIN ACHARYA COLLEGE ROAD BENGAURU CITY, KARNATAKA. …PETITIONER (BY SRI MADHU M, ADV.) AND: STATE OF KARNATAKA BY SOLADEVANAHALLI POLICE STATION YESHWANTHAPURA SUB-DIVISION BENGALURU CITY, REPRSETED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR. B R AMBEDKAR VEEDHI BENGALURU - 560 001. …RESPONDENT (BY SRI K. NAGESHWARPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER/ACCUSED ON BAIL IN CONNECTION WITH THE CASE IN CR.NO.31/2025 DATED 07.02.2025 REGISTERED BY THE RESPONDENT/SOLADEVANAHALLI PS AS AGAINST THE PETITIONER, WHO IS ARRAYED AS ACCUSED Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10549 CRL.P No. 3035 of 2025 ALLEGING THE COMMISSION OF OFFENCE PUNISHABLE U/S.3, 4 AND 5 OF THE IMMORAL TRAFFIC PREVENTION ACT, 1956 AND SECTION 143(2) OF BNS 2023 AND SUBMITTED BEFORE THE HONBLE CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.31/2025 registered by Soladevanahalli Police Station, Bengaluru City, 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 for the parties. 3. FIR in Crime No.31/2025 was registered by Soladevanahalli Police Station, Bengaluru City, against the petitioner herein for the aforesaid offences based on the first information dated 07.02.2025 received from Sharfuddin - Police Sub-Inspector of Soladevanahalli Police Station. During the course of investigation, petitioner herein was arrested on 07.02.2025 and subsequently remanded to judicial custody. - 3 - NC: 2025:KHC:10549 CRL.P No. 3035 of 2025 Her bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.275/2025 was rejected on 18.02.2025. Therefore, she is before this Court. 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, has prayed to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. Perusal of the material on record would go to show that based on credible information received at about 18.30 hours on 07.02.2025, the first informant along with his staff had conducted a raid in the house situated within the jurisdiction of Soladevanahalli Police Station, which was allegedly taken on lease by the petitioner and from the said house, he had rescued a lady and also apprehended the petitioner and had brought them to the police station. Subsequently, petitioner was arrested and produced before the jurisdictional court and remanded to judicial custody. 7. Petitioner is a married lady aged about 48 years. It is not in dispute that she has no other criminal antecedents. The - 4 - NC: 2025:KHC:10549 CRL.P No. 3035 of 2025 alleged offences are not punishable with death or life imprisonment. Major portion of the investigation is already completed. Considering the aforesaid aspects of the matter and also having regard to the proviso to Section 480 of BNSS, 2023, I am of the opinion that the prayer made by the petitioner who is a lady for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 8. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.31/2025 registered by Soladevanahalli Police Station, Bengaluru City, 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) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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 her appearance for valid reasons; - 5 - NC: 2025:KHC:10549 CRL.P No. 3035 of 2025 c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK