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 3, 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. 2928/2024 extended regular bail protection to two petitioners—Sri T.C. Umesh (Petitioner No. 1 / Accused) and Sri Devaraju (Petitioner No. 2 / Accused)—who were in judicial custody in connection with Crime No. 32/2024 registered by the Rajajinagar Police Station, Bengaluru City. The petitioners faced prosecution for alleged offences punishable under Sections 3, 4, and 5 of the Immoral Traffic (Prevention) Act (ITP Act) and Sections 370, 370A(2), and 370(3) of the Indian Penal Code (IPC).

Factual Matrix and Prosecution Allegations

The criminal proceedings originated from a raid conducted by the Central Crime Branch (CCB):

• Information and Raid: On March 21, 2024, between 1:30 PM and 3:45 PM, the complainant, Sri G.C. Raja, Police Inspector, CCB Women Protection Squad, NT Pet, Bengaluru, received credible intelligence that a prostitution business was being operated in a rented house bearing No. 79, Ground Floor, Rajkumar Road, Prakashnagar, Rajajinagar, within the limits of the Rajajinagar Police Station. The operators allegedly contacted customers via mobile numbers (9900351199 and 6362681503) by transmitting photographs of women and trafficking individuals under the false promise of jobs and money.
• Apprehension: Following confirmation of the illicit activities, the police team raided the premises, apprehended the accused persons, rescued victim women who were subjected to human trafficking, and seized incriminating articles under a mahazar. The petitioners were arrested on March 22, 2024, and subsequently remanded to judicial custody.

Details of the Petitioners

• Petitioner No. 1: Sri T.C. Umesh, son of Chandrappa, aged about 37 years, residing at Vasappa Colony, Mavinathopu, Tharikere Town, Chikkamagaluru District.
• Petitioner No. 2: Sri Devaraju, son of Narasimhappa, aged about 49 years, residing at No. 250/1, Dasharathasing Building, Chuchughatta Main Road, Ganapathipura, Yelachenahalli, Kanakapura Road, Bangalore.
• Legal Representation: Sri/Smt. S.G. Siddalingappa, Advocate
• Prosecution Representation: Learned Public Prosecutor, State by Rajajinagar Police Station

Submissions Advanced by the Parties

On Behalf of the Petitioners

1. Innocence and False Implication: The defense maintained that the petitioners were entirely innocent, had not committed any offences, and were falsely implicated in the case.
2. Readiness for Conditions: Counsel urged that the petitioners had already spent 13 days in judicial custody, possessed no criminal antecedents, and were fully prepared to furnish solvent sureties and comply with any stringent conditions imposed by the court.

On Behalf of the Respondent (State)

1. Opposition to Bail: The learned Public Prosecutor filed detailed objections along with the Investigating Officer’s report, contending that the investigation was still ongoing.
2. Gravity of Exploitation: The state argued that the petitioners exploited poor, vulnerable women for forced prostitution, posing a severe threat to societal safety. Releasing them at this stage, the prosecution claimed, would create a risk of witness tampering, intimidating victims, interfering with the investigation, and committing similar offences.

Judicial Findings and Legal Reasoning

Upon evaluating the case records, remand papers, and rival submissions, Judge Manjunatha recorded definitive findings on Point No. 1:

1. Nature of Penal Provisions: 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 primary offences are triable by the Sessions Court/Magistrate.
2. Absence of Custodial Necessity: The judge noted that the petitioners had been in judicial custody for 13 days, and the prosecution failed to establish any ongoing requirement for custodial interrogation. Furthermore, no prior criminal antecedents were brought on record.
3. Bail as a Rule: Citing settled legal principles, the court reiterated that bail is not to be withheld as a punitive measure and that the primary purpose of pre-trial release is to secure the accused’s attendance at trial. Holding that the apprehensions raised by the prosecution could be effectively addressed through stringent conditions, the court ruled in favor of granting bail.

Final Regular Bail Order and Conditions Imposed

Answering Point No. 1 in the affirmative, the Sessions Court allowed the petition filed under Section 439 Cr.P.C.

The court ordered that Sri T.C. Umesh and Sri Devaraju be released on regular bail in connection with Crime No. 32/2024 of Rajajinagar Police Station, upon each executing a personal bond for ₹1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Magistrate, subject to the following strict conditions:

1. Investigative Availability: The petitioners shall make themselves available for interrogation by the Investigating Officer as and when required until the final report is filed, and shall assist in the further investigation.
2. Attendance Marking: They shall mark their attendance once a month on the first Sunday of every month between 10:00 AM and 5:00 PM before the Investigating Officer until the filing of the final report or further orders.
3. Court Attendance: They shall appear before the concerned Magistrate Court and the trial court as and when directed.
4. No Witness or Victim Intimidation: They shall not directly or indirectly threaten, lure, or tamper with prosecution witnesses, nor intimidate the victims.
5. Non-Recidivism: They shall not commit similar offences or any offences in future.
6. Address Proof: They shall furnish notarized copies of their residential ID address proofs.
7. Automatic Cancellation Clause: Violation of any of the aforesaid conditions shall result in the automatic cancellation of the bail.