- 1 - HC-KAR NC: 2025:KHC:27294 CRL.P No. 9210 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9210 OF 2025 (439(Cr.PC) / 483(BNSS)-) BETWEEN: CHUMAN RAM S/O LILADHAR RAM, AGED ABOUT 37 YEARS, MANAGER, D CLASSICO HOTEL, UDUPI - 576101 R/AT ROOM NO.1150, SHARMIK, JOGESHWARI WEST, MUMBAI MAHARASHTRA - 400 102 …PETITIONER (BY SRI. JAYANTHA POOJARY., ADVOCATE) AND: STATE OF KARNATAKA BY MANIPAL POLICE STATION, UDUPI DISTRICT, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE - 560001. …RESPONDENT (BY SMT. WAHEEDA M.M., HCGP) THIS CRL.P IS FILED U/S.439 CR.P.C (U/S.483 BNSS) PRAYING TO RELEASE THE PETITIONER (ACCUSED NO.2 AS PER FIR) ON REGULAR BAIL IN CRIME NO.92/2025 PENDING BEFORE THE II ADDL. SENIOR CIVIL JUDGE AND ACJM, UDUPI ARISING OUT OF THE CR.NO.92/2025 REGISTERED BY MANIPAL POLICE STATION, UDUPI FOR THE OFFENCE P/U/S/ 3, 4, 5, 6 OF IMMORAL TRAFFIC ACT, 1956 AND SEC.143 OF BNS AND ETC. Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27294 CRL.P No. 9210 of 2025 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 No.2 in Crime No.92/2025 registered by Manipal Police Station, Udupi, for the offence punishable under Sections 3, 4, 5 and 6 of the Immoral Traffic Prevention Act, 1956 and Section 143 of BNS, 2023, is before this Court under Section 483 of BNSS, seeking regular bail. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent -State. 3. FIR in Crime No.92/2025 was registered by Manipal Police Station, Udupi, for the aforesaid offences against the petitioner and other two accused persons based on the first information dated 06.06.2025 received from Sri. Ramachandra Nayak, Circle Inspector of Police, - 3 - HC-KAR NC: 2025:KHC:27294 CRL.P No. 9210 of 2025 Malpe, Udupi District. During the course of the investigation of the case, the petitioner herein, who is arraigned as accused No.2 in the FIR was arrested on 05.06.2025 and subsequently, remanded to judicial custody. 4. The bail petition filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.234/2025 was rejected on 24.06.2025. Therefore, the petitioner is before this Court. 5. Learned Counsel appearing for the petitioner having reiterated the grounds urged in the petition submits that accused No.3, who is owner of the Lodge in which alleged offence had taken place has been granted anticipatory bail in the present case. The petitioner has no criminal antecedents and was working as a Manager in the said Lodge. Accordingly, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition and prays to dismiss the petition. - 4 - HC-KAR NC: 2025:KHC:27294 CRL.P No. 9210 of 2025 7. Perusal of the material on record would go to show that FIR in the present case was registered against 3 named accused persons based on the first information received from Sri. Ramachandra Nayak, who was working as a Circle Inspector of Police at Malpe, Udupi District. In the alleged raid that was conducted to the Lodge in which the petitioner was working as a Manager, the first informant has rescued two ladies and also had arrested the petitioner. Accused No.3 is owner of the Lodge in which the petitioner was working as a Manager. Accused No.3 has been granted anticipatory bail by the jurisdictional Sessions Court in Crl.Misc.No.240/2025 vide order dated 02.07.2025. Undisputedly, the petitioner has no criminal antecedents. While granting anticipatory bail to accused No.3, learned Sessions Judge has observed that it cannot be said that accused No.3 was unaware of the transaction of his Manager. The alleged offences are not exclusively punishable with death or life imprisonment. Under these circumstances, I am of the considered opinion - 5 - HC-KAR NC: 2025:KHC:27294 CRL.P No. 9210 of 2025 that without expressing any opinion on the merits/demerits of the case, the petitioner's prayer for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. 8. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.92/2025 registered by Manipal Police Station, Udupi, for the offence punishable under Sections 3, 4, 5 and 6 of the Immoral Traffic Prevention Act, 1956 and Section 143 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 6 - HC-KAR NC: 2025:KHC:27294 CRL.P No. 9210 of 2025 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; d) 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; and e) The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DL