- 1 - NC: 2025:KHC:12867 CRL.P No. 7217 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 7217 OF 2024 BETWEEN: SRI OMKAR, S/O OPRAKESH HJ, AGED ABOUT 28 YEARS, WORKING AT HELLO WORLD TECHNOLOGY, INDIA PVTLTD, PG 3RD CROSS, NEELADRI NAGAR, BENGALURU - 560100, RESIDING AT NEELAVAGELU KAVAL, KASABA HOBLI, HUNSURU TALUK, MYSORE DISTRICT – 570001. PETITIONER (BY SRI. SRINATHA B V.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY ELECTRONIC CITY POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BENGALURU - 560001. 2. SRI NAVEEN GM AGED ABOUT 39 YEARS S/O MALLIKARJUNAIAH POLICE INSPECTOR ELECTRONIC CITY POLICE STATION BANGALORE - 560100, RESPONDENTS (BY SRI. MR PATIL, HCGP FOR RESPONDENT) THIS CRL.P FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12867 CRL.P No. 7217 of 2024 PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.244/2024, CR.NO.287/2023, REGISTER BY ELECTRONIC CITY POLICE, FOR THE OFFENCE P/U/S 3,4,5,7 OF IMMORAL TRAFFIC PREVENTION ACT, PENDING ON THE FILE OF CJM BANGALORE RURAL DISTRICT AND ETC,. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner, designated as accused No.3, has been charge-sheeted for offences under Sections 3, 4, 5, and 7 of the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as ‘the Act’), and seeks relief from this Court. 2. The prosecution’s case is based on credible information received on 26.09.2024, alleging that prostitution activities were being conducted in a paying guest house. Acting on this information, the police conducted a raid on the premises and discovered that accused Nos.1 to 3 were allegedly involved in illegal prostitution activities. The petitioner, accused No.3, was implicated solely on the grounds that she was employed as a receptionist at the paying guest house during the raid. 3. Heard the learned counsel for the petitioner— accused No.3—and the learned High Court Government Pleader for the State. 4. Section 15 of the Act permits a special police officer or a trafficking police officer to conduct a search without a warrant if there are reasonable grounds to believe that an - 3 - NC: 2025:KHC:12867 CRL.P No. 7217 of 2024 offence under the Act has been or is being committed in any premises, and that obtaining a search warrant would result in undue delay. However, the officer must record the grounds for such belief before conducting the search. In this case, the Police Inspector who conducted the search stated in the complaint that apprehending the accused might escape or evidence might be concealed, the search was conducted without obtaining a warrant as stipulated under Section 15 of the Act. However, the Police Inspector failed to record the grounds for this belief prior to conducting the search and seizure. Consequently, the search and seizure operation stands vitiated due to non-compliance with Section 15 of the Act. 5. Furthermore, Section 13 of the Act mandates the appointment of a special police officer for each specified area to handle offences under the Act. This officer should not be below the rank of an Inspector of Police. In the present case, the Police Inspector who conducted the search and seizure was not appointed as a special police officer as required by Section 13 of the Act. Therefore, the actions taken, including the search, seizure, registration of the FIR, and the subsequent filing of the charge sheet, are vitiated due to non-compliance with Sections 13 and 15 of the Act. 6. In such circumstances, continuing the criminal proceedings against the petitioner would constitute an abuse of the process of law. - 4 - NC: 2025:KHC:12867 CRL.P No. 7217 of 2024 ORDER i) Criminal petition is allowed. ii) The impugned proceedings in CC.No.244/2024, pending on the file of the CJM Bangalore Rural District, insofar as it relates to the petitioner - accused No.3 is hereby quashed. SD/- (HEMANT CHANDANGOUDAR) JUDGE PNV List No.: 1 Sl No.: 18