- 1 - NC: 2025:KHC-D:422 CRL.P No. 103856 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103856 OF 2024 (438(Cr.PC)/482(BNSS)) BETWEEN: RAVI @ MUTTAPPA VITTAL DASAR S/O. VITTAL DASAR, AGE. 33 YEARS, OCC. AGRICULTURE, R/O. SIDDA KALYANA NAGAR, NEAR SRI. GANESH TEMPLE, UNAKAL, HUBLI, NOW AT. MARLANAHALLI, TQ. KARATAGI, DISTRICT. KOPPAL-583229. …PETITIONER (BY SRI. C.R. HIREMATH, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH KARTAGI PSI, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C. (482 OF BNSS), SEEKING TO, RELEASE THE PETITIONER/ACCUSED NO.1 BY GRANTING ANTICIPATORY BAIL, IN THE EVENT OF HIS ARREST BY THE KARTAGI POLICE, IN THEIR P.S CRIME NO.297/2024 DATED 26.11.2024, FOR THE OFFENCE PUNISHABLE U/S 3(1), 3(2A), 4 AND 5 OF THE IMMORAL TRAFFIC PREVENTION ACT, 1956, IN SO FAR THE PETITIONER/ACCUSED NO.1 IS CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.15 11:13:35 +0530 - 2 - NC: 2025:KHC-D:422 CRL.P No. 103856 of 2024 ORAL ORDER 1. The petitioner, who is facing charges for offences punishable under Sections 3(1), 3(2A), 4, and 5 of the Immoral Traffic (Prevention) Act, 1956, has approached this Court seeking anticipatory bail. 2. The case of the prosecution is that the Inspector of Kartagi Police Station received credible information that prostitution was being carried out at Dhanush Residency Lodge. Upon receiving this information, the Inspector informed the Deputy Superintendent of Police, Gangavathi, and obtained permission to proceed with a raid. Subsequently, the Inspector, along with his staff and two panch witnesses, conducted a raid at the lodge. During the raid, it was allegedly uncovered that prostitution was being carried out at the premises. The petitioner has been arraigned as Accused No.1 based on the statement of the victim, who is reported to have alleged that the petitioner, along with the owner of the lodge, facilitated the activities and provided monetary compensation to the victim. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent-State. 4. It is noted that the petitioner was not present at the time of the raid conducted by the police. The prosecution’s case against the petitioner is primarily based on the statement of the victim, and there is no direct evidence to establish that the petitioner was actively involved in the alleged immoral activities. In the absence of concrete evidence linking the petitioner to the - 3 - NC: 2025:KHC-D:422 CRL.P No. 103856 of 2024 offences, the petitioner has made out a prima facie case for consideration of anticipatory bail. Accordingly, I pass the following: ORDER 1. The appeal is allowed. 2. The petitioner/accused is enlarged on bail, in the event of his arrest, in Crime No.297/2024, registered by Karatagi Police Station, pending on the file of Additional Civil Judge (Jr. Dn) and JMFC Court, Gangavathi, Koppal, for the offences punishable under Sections 3(1), 3(2A), 4 and 5 of the Immoral Traffic Prevention Act, 1956, subject to following conditions: i. Petitioner/accused shall furnish indemnity bond for a sum of Rs.1 lakh with one surety for the likesum to the satisfaction of the jurisdictional Court. ii. He shall appear before the Investigating officer within a period of 15 days and execute bail bond and offer surety. iii. He shall make himself available for the purpose of investigation as and when required and he shall co- operate with the investigation. iv. He shall furnish his residential address proof and shall inform the investigating officer/Court if there is any change in the address. - 4 - NC: 2025:KHC-D:422 CRL.P No. 103856 of 2024 v. He shall mark his attendance at the jurisdictional Police station once in 15 days till filing of the charge sheet. vi. He shall not tamper with the prosecution witnesses either directly or indirectly. vii. He shall be regular in attending the court proceedings. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 2 Sl No.: 7