- 1 - HC-KAR NC: 2025:KHC:18602 CRL.P No. 5723 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5723 OF 2025 BETWEEN: NAGARAJA, S/O. PRABHAKAR, AGED ABOUT 41 YEARS. RESIDING AT: NEAR CHIDANBARA TEMPLE, NITUVALLI, DAVANGERE - 577 005. …PETITIONER (BY SRI. CHAKRAVARTHY T.S, ADVOCATE) AND: STATE OF KARNATAKA BY WOMEN POLICE STATION, DAVANAGERE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER/SOLE ACCUSED ON BAIL IN CR.NO.38/2025 IN WOMEN POLICE STATION, DAVANAGERE AND ON FILE OF THE HONBLE 2ND ADDL.CIVIL JUDGE (SR.DN) AND JMFC AT DAVANAGERE, FOR THE OFFENCES PUNISHABLE UNDER SECTION 3, 4, 5 OF IMMORAL TRAFFIC PREVENTION ACT, 1956 Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18602 CRL.P No. 5723 of 2025 AND 143 OF BHARATIYA NYAYA SANHITA 2023 AND SUCH TERMS AND CONDITIONS AS DEEMED FIT. 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 in Crime No.38/2025 which was registered by Davanagere Women Police Station, Davanagere District for the offences punishable under Section 3, 4 and 5 of Immoral Traffic Prevention Act, 1956 and Section 143 of Bharatiya Nyaya Sanhita, 2023 is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.38/2025 was registered by Davanagere Women Police Station, Davanagere District for the aforesaid offences against the petitioner herein, based on the first information dated 17.03.2025, received from Ravi Naik K., Police Constable attached to Davanagere Women Police Station, Davanagere. During the course of - 3 - HC-KAR NC: 2025:KHC:18602 CRL.P No. 5723 of 2025 investigation, petitioner was arrested on 17.03.2025 and subsequently, remanded to judicial custody. Petitioner had filed bail application in Crl.Misc.No.313/2025 before the jurisdictional Sessions Court which was rejected on 05.04.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that investigation of the case is completed and charge sheet has been filed. Petitioner has no criminal antecedents. Accordingly, he prays to allow this petition. 5. Per contra, learned High Court Government Pleader opposes the petition and prays to dismiss the petition. 6. Perusal of the first information dated 17.03.2025 which has resulted in registering FIR in the present case against the petitioner would go to show that, based on the credible information received by the first informant, he had submitted a written complaint alleging that petitioner who is the owner of the lodge situated - 4 - HC-KAR NC: 2025:KHC:18602 CRL.P No. 5723 of 2025 within the city limits of Davanagere District was indulged in illegal business of prostitution in the said lodge. After registration of the FIR against the petitioner, raid was conducted to the lodge on 17.03.2025 at about 3.30 p.m. and two women were rescued from the said lodge and the petitioner who is allegedly the owner of the lodge was arrested. 7. Undisputedly, petitioner has no criminal antecedents. Investigation of the case has been completed and charge sheet has been filed. The alleged offences are not punishable with life imprisonment or with death sentence. According to the petitioner, he has taken the lodge on lease and for the extraneous reasons, a criminal case has been registered against him by the police. Since the investigation of the case is already completed, considering the nature of allegations against the petitioner in the charge sheet, I am of the view that detention of the petitioner in custody is no more required. Accordingly, the following:- - 5 - HC-KAR NC: 2025:KHC:18602 CRL.P No. 5723 of 2025 ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.38/2025 of Davanagere Women Police Station, Davanagere District registered for the offences punishable under Sections 3, 4 and 5 of Immoral Traffic Prevention Act, 1956 and Section 143 of Bharatiya Nyaya Sanhita, 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 his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 6 - HC-KAR NC: 2025:KHC:18602 CRL.P No. 5723 of 2025 d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KAV List No.: 1 Sl No.: 48 CT: BHK