The Court of the XLV Additional City Civil & Sessions Judge, Bengaluru City (CCH-46), presided over by Sri Manjunatha, B.A., LL.B., delivered a judicial order on April 6, 2024, allowing a regular bail application filed under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The ruling in Criminal Miscellaneous Petition No. 3086/2024 extended regular bail protection to Smt. Lakshmidevi, who was remanded to judicial custody in connection with Crime No. 117/2024 registered by the Bagalgunte Police Station, Bengaluru. The petitioner faced serious prosecution for alleged offences punishable under Sections 3, 4, and 5 of the Immoral Traffic (Prevention) Act (ITP Act), 1956, and Section 370 (trafficking of person) of the Indian Penal Code (IPC).

The criminal proceedings originated from information received by N. Soumya, Police Inspector, CCB Women Protection Squad, NT Pet, Bengaluru. According to the prosecution case set out in the FIR, on March 23, 2024, at approximately 11:15 AM, the police team received credible intelligence that prostitution activities were being operated at a premises in Defence Colony, Bagalgunte, within the jurisdiction of Bagalgunte Police Station. The raiding party alleged that the accused was operating human trafficking by luring vulnerable women and girls with promises of jobs and forcing them into prostitution for wrongful financial gain. Following confirmation, the police raided the premises, rescued the victims, and registered Crime No. 117/2024. The petitioner was arrested and produced before the jurisdictional magistrate on March 24, 2024, where she was remanded to judicial custody.

Seeking regular bail, the 34-year-old petitioner approached the Sessions Court through her legal counsel, asserting complete innocence and arguing that she had been falsely implicated in the case without committing any of the alleged offences. The defense submitted that the petitioner belonged to a respectable family, had deep roots in the society, possessed no prior criminal antecedents, and was fully prepared to furnish solvent sureties and comply with any stringent conditions imposed by the court.

The bail application was strongly contested by the learned Public Prosecutor, who filed a detailed statement of objections along with the Investigating Officer’s report. The state urged the court to reject the petition, emphasizing that the investigation was still at a nascent stage and that the offences involving human trafficking and exploitation of poor women posed a grave danger to society. The prosecution contended that releasing the accused on bail would enable her to commit similar crimes, interfere with the ongoing investigation, tamper with evidence, and intimidate vulnerable victims.

Upon evaluating the rival submissions, reviewing the case records, FIR, remand applications, and complaint averments, Judge Manjunatha focused on the core points for consideration. The court observed that while the offences alleged under Section 370 IPC and the ITP Act are serious, they are not punishable with death or imprisonment for life, and the matter is exclusively triable by the Sessions Court. The court noted that there was no material presented by the prosecution showing that custodial interrogation of the petitioner was still required or that she had any prior criminal history. Citing the foundational constitutional principle that bail is the rule and jail is an exception, and that pre-trial detention should not be utilized as a form of punishment, the court held that the prosecution’s apprehensions could be adequately safeguarded by imposing strict and appropriate conditions.

Consequently, the Sessions Court answered the point for consideration in the affirmative and allowed the petition filed under Section 439 Cr.P.C. The court directed that Smt. Lakshmidevi be enlarged on regular bail in connection with Bagalgunte Police Station Crime No. 117/2024, subject to executing a personal bond for ₹1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Magistrate. The release was made subject to several strict conditions:

• The petitioner shall make herself available for interrogation by the Investigating Officer as and when required until the final report is filed and assist in further investigation.
• She shall not directly or indirectly threaten or lure prosecution witnesses in any manner.
• She shall not hamper the investigation, tamper with evidence, or intimidate the victims.
• She shall not commit similar offences or any offences in the future.
• She shall not leave the jurisdiction of Bengaluru City or change her place of residence outside Bengaluru City without prior permission and intimation.
• She shall furnish a notarized copy of her residential address proof and appear before the concerned Magistrate Court and Sessions Court as and when directed.