The XLV Additional City Civil and Sessions Judge, Bengaluru City, presided over by Sri Mohammed Moinuddin, allowed the regular bail application in Criminal Miscellaneous No. 2850/2024 on July 1, 2024. The judicial order extended pre-arrest protection to 29-year-old Ugandan national Nabukenya Betty Nasimiya in connection with Crime No. 106/2024 registered by the Mico Layout Police Station, Bengaluru. The petitioner faced prosecution for alleged offences punishable under Sections 3, 4, and 5 of the Immoral Traffic (Prevention) Act, 1956, Section 370 of the Indian Penal Code relating to human trafficking, and Section 14 of the Foreigners Act.
Factual Matrix of the Case and Police Raid
The criminal proceedings originated from a police raid conducted on March 16, 2024. According to the prosecution narrative, the investigating officer received specific intelligence regarding illegal commercial sex work occurring at a residential building designated as House No. 03, situated in Kuvempu Nagar, N.S. Palya, BTM 2nd Stage, Bengaluru. Acting on the information, a police team accompanied by independent panchas raided the premises at approximately 6:30 PM.
During the search operation, officers encountered customers along with foreign national women allegedly engaged in commercial sex work for financial gain. The investigating team seized a cash amount of Rs. 1,500 and the passport of the petitioner, prepared a spot mahazar in the presence of witnesses, and took the accused into custody. Following a formal written report by the raid officer, the Mico Layout Police Station registered the FIR under Sections 3, 4, and 5 of the Immoral Traffic (Prevention) Act, Section 370 of the Indian Penal Code, and Section 14 of the Foreigners Act.
The details of the petitioner as per court records are:
- Nabukenya Betty Nasimiya (Petitioner): Aged 29 years, daughter of Kato Moses, residing at No. 13, 1st Floor, House No. 03, Jerubebal, 12th Cross, N.S. Palya, BTM 2nd Stage, Bengaluru.
Defense Submissions and Arguments
Appearing on behalf of the applicant, learned advocate Sri Devaraj P. submitted that the petitioner was innocent of the alleged offences and had been falsely implicated in the criminal case. The defense emphasized that the petitioner had been in judicial custody for several months following her arrest on March 16, 2024, and that the investigation was substantially complete.
Counsel argued that none of the penal provisions invoked carry mandatory sentences of death or life imprisonment. The defense assured the court that the petitioner, despite being a foreign national, was willing to submit to all reasonable conditions, provide solvent sureties, and deposit cash security to guarantee her regular attendance before the trial court.
Prosecution Objections and State Arguments
The Public Prosecutor strongly opposed the grant of regular bail by submitting a detailed statement of objections along with the status report of the Investigating Officer. The state argued that the police team conducted the raid based on credible inputs and recovered incriminating evidence, including cash and travel documents, establishing the petitioner’s involvement in human trafficking and operating a brothel in a residential locality.
The prosecution expressed serious concern that because the petitioner is a foreign national charged under the Foreigners Act, granting her liberty created a severe risk of absconding from the court’s territorial jurisdiction or evading trial altogether. Furthermore, the state submitted that releasing the accused might lead to the repetition of similar offences or the intimidation of key prosecution witnesses.
Judicial Findings and Legal Reasoning
Upon evaluating the FIR, raid mahazar, statutory provisions, and rival submissions, Judge Mohammed Moinuddin examined the petitioner’s entitlement to bail under Section 439 of the Code of Criminal Procedure. The court analyzed the penal statutory scheme, noting that offences under Sections 3 and 4 of the Immoral Traffic (Prevention) Act are bailable in nature. While Section 5 of the Act and Section 370(2) of the Indian Penal Code are non-bailable, neither carries penalties of death or life imprisonment.
The court observed that the petitioner had undergone judicial custody for months and that continued pre-trial incarceration was unnecessary for investigative purposes. Addressing the state’s apprehensions regarding flight risk and foreign nationality, the court held that such concerns could be mitigated by imposing stringent conditions, including cash security, local surety, and periodic reporting before the station house officer.
Final Pre-Arrest Bail Order and Conditions Imposed
Answering the point for consideration in the affirmative, the Sessions Court allowed the petition filed under Section 439 of Cr.P.C. and granted bail to Nabukenya Betty Nasimiya in Crime No. 106/2024 of Mico Layout Police Station.
The court ordered her release upon executing a personal bond for Rs. 1,00,000/- with one surety for the likesum and depositing a cash security of Rs. 30,000/- to the satisfaction of the VI Additional Chief Metropolitan Magistrate Court, Bengaluru, subject to the following conditions:
- The petitioner shall make herself available for interrogation by the Investigating Officer as and when required until the final report is filed.
- The petitioner shall mark her attendance once a month on the 1st Sunday before the Station House Officer of Mico Layout Police Station between 10:00 AM and 2:00 PM until the final report is filed.
- The petitioner shall not cause any inducement or threat, directly or indirectly, to any person acquainted with the facts of the case.
- The petitioner shall not hamper or tamper with the investigation or prosecution witnesses.
- The petitioner shall not commit similar offences.
- The petitioner shall appear before the concerned jurisdictional court as and when directed.
- The petitioner shall furnish notarized copies of her residential address along with valid ID proof.
- The petitioner shall not leave Bengaluru City without prior permission of the court.