- 1 - HC-KAR NC: 2025:KHC:52933 CRL.P No. 15740 of 2025 C/W CRL.P.No.16096 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15740 OF 2025 (439(Cr.PC) / 483(BNSS)) C/W CRIMINAL PETITION NO. 16096 OF 2025 (438(Cr.PC) / 482(BNSS)) IN CRL.P.NO.15740/2025: BETWEEN: 1. IMRAN, S/O AKBAR, AGED ABOUT 25 YEARS, R/AT TAWAZ MANZIL, MUJING VILLAGE, TAWAZ DISTRICT, MANIPURA STATE-795 138. 2. JAIBAY ALIAS ELISA, D/O SHISHUMGABO, AGED ABOUT 36 YEARS, R/AT TAMAI VILLAGE, TEMEGLANG DISTRICT, MANIPURA STATE -795 141. …PETITIONERS (BY SRI. A.R. SREEHARSHA, ADVOCATE, SMT. ASHA. K, ADVOCATE) AND: STATE OF KARNATAKA BY SHO, MANIPAL POLICE STATION, UDUPI DISTRICT, REPERSENTED BY THE STATE PUBLIC PROSECUTOR, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52933 CRL.P No. 15740 of 2025 C/W CRL.P.No.16096 of 2025 HIGH COURT OF KARNATAKA-560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THEM ON BAIL IN THE MANNER THAT THIS HONBLE COURT DEEMS FIT ON THE FILE OF THE CRL.MISC.NO.406/2025 OF HONBLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, UDUPI AT UDUPI IN CRIME NO.190/2025 REGISTERED BY THE RESPONDENT POLICE (MANIPAL POLICE STATION, UDUPI DISTRICT) P/SU/ 143 R/W SEC.3(5) OF BNS 2023 AND SEC.3,4,5,6 OF IMMORAL TRAFFIC PREVENTION ACT 1956. IN CRL.P.NO.16096/2025: BETWEEN: 1. ASHOK KUMAR, S/O RAGHURAM, AGED ABOUT 46 YEARS, R/AT H.NO.4-46/2, "LATHA", NEAR PANCHAYATH OFFICE, BADANIDIYOORU, UDUPI DISTRICT-576 115. 2. MAHESH SALIAN, S/O LOKAYYA SALIAN, AGED ABOUT 46 YEARS, R/AT H.NO.5-153 C 1, SULTHAN ROAD, HEJAMADY, KAUP TALUK, UDUPI DISTRICT-574 103. …PETITIONERS (BY SRI. A.R. SREEHARSHA, ADVOCATE, SMT. ASHA .K, ADVOCATE) AND: STATE OF KARNATAKA BY SHO, MANIPAL POLICE STATION, UDUPI DISTRICT, REPERSENTED BY - 3 - HC-KAR NC: 2025:KHC:52933 CRL.P No. 15740 of 2025 C/W CRL.P.No.16096 of 2025 THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA-560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT ANTICIPATROY BAIL TO THE PETITIONERS IN CRL.MISC.NO.405/2025 OF HONBLE PRL.J DISTRICT AND SESSIONS JUDGE, UDUPI, AT UDUPI IN CR.NO.190/2025 REGISTERED BY THE RESPONDENT IN MANIPAL P.S., UDUPI DISTRICT, FOR THE OFFENCES P/U/S 143 R/W 3(5) OF BNS, 2023, U/S 3,4,5,6 OF ITP ACT, 1956, BY DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF ARRESTING THE PETITIONERS. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER The Crl.P.No.16096/2025 is filed by the petitioners/accused Nos.1 and 2 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS') and the Crl.P.No.15740/2025 is filed by the petitioners/accused Nos.3 and 4, under Section 483 of BNSS, seeking anticipatory bail/bail respectively. 2. Both petitions are filed seeking anticipatory bail/bail respectively, in Crime No.190/2025 registered by Manipal police station, Udupi district, for the offence punishable under Sections 143 read with 3(5) of BNS Act - 4 - HC-KAR NC: 2025:KHC:52933 CRL.P No. 15740 of 2025 C/W CRL.P.No.16096 of 2025 and under Sections 3, 4, 5 and 6 of Immoral Traffic Prevention Act, 1956 (for short ITP Act). 3. Heard learned counsel for the petitioners and the learned High Court Government Pleader for respondent/State. 4. Learned counsel for the petitioners contended that the accused Nos.1 and 2 are owners of the Spa and that they are the residents of the Udupi district and that there is no business of prostitution in the spa of the accused persons. The spa is run by the accused Nos.1 and 2 with the help of accused Nos.3 and 4 and they are recruited staff in the spa and customers visit the spa for massage etc., There are no antecedents of the petitioners. The accused No.3 is working as cashier and the accused No.4 is the manager, in the said spa. No victim or customer has filed any complaint against the petitioners. The complaint has been registered suo motu by the police. The offences alleged against the petitioners are not punishable either with death or imprisonment for - 5 - HC-KAR NC: 2025:KHC:52933 CRL.P No. 15740 of 2025 C/W CRL.P.No.16096 of 2025 life. The petitioners are ready to cooperate with the Investigating Officer in further investigation. There are no criminal antecedents of the petitioners and seek to allow the petitions. 5. Per contra, learned HCGP would contend that in the name of spa, the petitioners are doing prostitution. On the raid, two victim ladies were found along with two customers in the spa. Several articles used for prostitution have been seized from the spa. The investigation is in progress and if the petitioners are granted bail/anticipatory bail they will hamper the investigation and flee from justice and will not be available for further investigation. Hence, prayed to reject the petitions. 6. Having heard the learned counsel for the parties, the court has perused FIR, complaint and other materials placed on record. 7. The police inspector of Manipal police station, on receipt of credible information conducted raid in Vela - 6 - HC-KAR NC: 2025:KHC:52933 CRL.P No. 15740 of 2025 C/W CRL.P.No.16096 of 2025 International Salon and Spa, along with the staff and found that the accused No.3 was cashier and the accused No.4 who was the manager, were present in the spa and there were two customers and two victims and had seized several articles from the said spa and enquired the victim girls and they stated that the prostitution is going on in the said spa. 8. The accused Nos.1 and 2 are stated to be the owners in the said spa and they were not present at the time of raid, in the said spa. The accused no.3 is stated to be the cashier and the accused No.4 is stated to be the Manager of the said spa. The raid was conducted and several articles were seized at the time of the raid under the mahazar. Considering the same, the major portion of investigation is over. The accused Nos.3 and 4 are arrested on 21.10.2025 and they are in judicial custody. The accused No.4 is a lady and the offence alleged against the petitioners are not punishable either with death or imprisonment for life. The accused Nos.1 and 2 are the - 7 - HC-KAR NC: 2025:KHC:52933 CRL.P No. 15740 of 2025 C/W CRL.P.No.16096 of 2025 residents of Udupi district and the accused Nos.3 and 4 are residents of Manipur State. The apprehension of the prosecution that if the bail is granted to accused Nos.3 and 4 they will abscond and will not be available for investigation can be met with, by imposing stringent conditions. There are no criminal antecedents of the petitioners. 9. Considering the above aspects, the accused Nos.1 and 2 have made out case for grant of anticipatory bail and accused Nos.3 and 4 have made out case for grant of bail. In the result, I pass the following: ORDER Both the petitions are allowed. The petitioners/accused Nos.1 and 2 are ordered to be released on anticipatory bail and accused Nos.3 and 4 are ordered to be released on bail, in Crime No.190/2025 registered by Manipal police station, Udupi district, Udupi, for the offence punishable under Sections 143 read with - 8 - HC-KAR NC: 2025:KHC:52933 CRL.P No. 15740 of 2025 C/W CRL.P.No.16096 of 2025 3(5) of BNS Act and under Sections 3, 4, 5 and 6 of ITA, subject to following conditions: (i) The petitioners/accused Nos.3 and 4 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the likesum to the satisfaction of the Jurisdictional court;. (ii) The petitioners/accused nos.1 and 2 shall voluntarily appear before the investigating officer within 10 days from this day and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each, with one surety for the likesum to the satisfaction of the investigating officer. (iii) The petitioners/accused Nos.1 to 4 shall cooperate with the investigating officer in further investigation. (iv) The petitioners/accused Nos.1 to 4 shall not tamper/threaten the prosecution witnesses either directly or indirectly. - 9 - HC-KAR NC: 2025:KHC:52933 CRL.P No. 15740 of 2025 C/W CRL.P.No.16096 of 2025 (v) The petitioners/accused Nos.1 to 4 shall not directly or indirectly make an inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such a facts to the court or to any police officer or tamper with the evidence. (vi) The petitioners/accused Nos.1 to 4 shall appear before the Trial Court on all the dates of hearing unless exempted by the Court and cooperate for the speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE AKV List No.: 1 Sl No.: 8