Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:39798 CRL.P No. 12592 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12592 OF 2025
BETWEEN:
SARASWATHI @ SWATHI @ ASHA W/O RAVI.N.
AGED ABOUT 42 YEARS, R/AT. NO.32, NAGAPPA REDDY LAYOUT, 2ND CROSS, A.NARAYANAPURA, BENGALURU - 560 016. …PETITIONER (BY SRI. PRAKASH K.V, ADVOCATE) AND:
STATE BY PULAKESHINAGAR POLICE STATION BANGALORE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDITIONAL SPP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CODE OF CRIMINAL PROCEDURE (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE PETITIONER ON BAIL IN CRIME NO.223/2025 REGISTERED BY PULAKESHINAGAR POLICE STATION, BANGALORE CITY, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143(2), 143(3) OF BNS,
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:39798 CRL.P No. 12592 of 2025
UNDER SECTIONS 3, 4 AND 5 OF IMMORAL TRAFFIC PREVENTION ACT, PENDING ON THE FILE OF X ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT, MAYO HALL, BANGALORE CITY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER This petition is filed by accused No.1 under Section 483 of BNSS seeking grant of bail in Crime No.223/2025 of Pulakeshi Nagar Police Station, Bengaluru, registered for the offences punishable under Sections 3, 4 and 5 of Immoral Traffic Prevention Act, 1956 and Sections 143(2) and 143(3) of BNS, 2023.
2. Heard
learned counsel for petitioner and learned Additional Special Public Prosecutor for respondent - State.
3.
Learned counsel for petitioner would contend that, the petitioner is running Body Square Spa and there is no recovery at the time of raid. The petitioner is having
- 3 -
HC-KAR NC: 2025:KHC:39798 CRL.P No. 12592 of 2025
two children who are dependent on her. The petitioner is ready to abide by the terms and conditions to be imposed by this Court. The petitioner is in custody since 11.07.2025 and therefore, she is not required for custodial interrogation. With these, he prayed to allow the petition.
4. Per contra, learned Additional Special Public Prosecutor would contend that, the petitioner is a habitual offender and there are eight cases registered against her for similar offence. The Police have recorded the statement of victim wherein, it is specifically alleged that, the petitioner is running brothel in her spa. With these, she prayed for rejection of the petition.
5. Having heard the learned counsels appearing for the parties, this Court has perused the FIR, complaint and other materials placed on record.
6. The petitioner is running a spa by name Body Square Spa. It is alleged that, she is running a brothel in the said Body Square Spa by securing girls from other
- 4 -
HC-KAR NC: 2025:KHC:39798 CRL.P No. 12592 of 2025
States. It is also stated that, the petitioner is involved in similar offences and eight cases have been registered against her in different Police stations. The petitioner is a woman and she is in custody since 11.07.2025. It is also stated that, the petitioner is having two children who are dependent on her. It appears that the major portion of investigation is completed and she is no more required for custodial interrogation.
7. Considering the fact that, the petitioner is a woman and she is having two children who are dependent on her, the petitioner has made out a case for enlarging her on bail. The apprehension if the petitioner may indulge in similar offences can be taken care of by imposing stringent conditions. In the result, I pass the following:
ORDER This Criminal Petition is allowed. The petitioner is granted bail in Crime No.223/2025 of Pulakeshinagar
- 5 -
HC-KAR NC: 2025:KHC:39798 CRL.P No. 12592 of 2025
Nagar Police Station and is ordered to be released on bail in the event his arrest, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Jurisdictional Court. ii) The petitioner shall cooperate with the Police in investigation. ii) The petitioner shall not tamper the prosecuting witnesses. iv) The petitioner shall not involve in commission of similar offences. If any case is registered for commission of similar offences against the petitioner, the Investigating Officer is at liberty to seek cancellation of bail.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
KLV List No.: 1 Sl No.: 32 CT: BHK