IN THE COURT OF LXXI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY (CCH-72)
DATED THIS THE 27 th DAY OF JUNE, 2022
PRESENT:
Smt. K.S.JYOTHISHREE, B.Com, L.L.B
LXXI Addl. City Civil & Sessions Judge,
Bengaluru.
CRL.MISC.No.5988/2022
Petitioner
1.Louis Ranjith Kumar,
S/o K.Raj, Aged about
45 years, R/at 16/1, 5th
Main, 1st Cross,
Kempaiah Block V R
Puram, Bengaluru
North, Malleshwaram,
Bengaluru.
(By Sri.V.G.Ravi Kumar
Adv.)
AND
Respondent State of Karnataka
Vyalikaval P S,
Bangalore.
(By the learned Public
Prosecutor)
ORDER ON BAIL APPLICATION FILED U/S.438
OF Cr.P.C.
This bail application is filed by the petitioner
under Section 438 of Cr.P.C. praying to grant an order
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Crl.Misc.No.5988/2022
of anticipatory bail in the event of his arrest in Crime
No.64/2022 for the offence punishable U/s. 370 of
IPC.
2. The facts are as under:
It is alleged that, the petitioner is running a
spa business in the name of Shore Spa, Sankey road,
Malleshwaram, Benglauru. On the basis of credible
information, IO has visited the said spa and came to
know about the illegal business. It is his contention
that the petitioner is illegally bring girls from different
states and running brothel in the name of Spa
business.
3. Grounds for bail:
1. The petitioner is innocent.
2.The petitioner is owner of this spa and
complied with all the formalities that is
necessary for availing license for conducting
spa business.
3. The petitioner is valid trade license holder.
4.Their is no prima-facie case to show that
petitioner has committed the alleged offence.
5. The petitioner is permanent resident of
Bengaluru and having aged parents.
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6.He is ready to abide by the conditions to be
imposed by the court.
With these contentions, he has requested to
allow the application.
4. The learned Public Prosecutor has filed the
objections, additional objections
and CD and re-
iterated the complaint averments. The petitioner have
failed to appear before the trial court though aware of
the pendency of the case. There are sufficient
materials to show the petitioner have committed the
alleged offences. Many other cases are pending
against the petitioner at different Police station.
Hence, prayed for dismissal of the application.
5. Heard. The counsel for the petitioner is relied
on the orders of Hon’ble High Court of Karnataka in
C.P.No.6118/2021 and C.P.No.4045/2022.
6. Now the points that arise for my consideration
are:
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Crl.Misc.No.5988/2022
1. Whether the petitioner have made
out sufficient grounds to grant
anticipatory bail ?
2. What order?
7.
My
findings
on
the
above
points
are
hereunder:
Point No.1:
Point No.2:
In the negative.
As per final order,
for the following:
REA S ON S
8. Point No.1: It is alleged that the petitioner is
running illegal brothel in the name of Shore Spa near
Sankey road, Malleshwaram, Bengaluru.
9. The report by P.C.16350 of Vyallikavala P.S,
discloses that the petitioner is the owner of Shore Spa
massage parlor. The learned Prosecutor submitted
that the petitioner is involved in various cases. She
has produced copy of FIR in Sheshadripura P.S
Cr.No.112/2019 and Yelahanka P.S Cr.No.199/2020.
In the first case, the petitioner is arrayed as accused
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no.1. similarly in the second case, she is mentioned
as accused No.63.
10. the above documents prima facie discloses
that the petitioner has been involved in various cases
that too for the offences P/U/S ITP Act and Sec.370 of
IPC. At this stage the petitioner is released on bail, he
may involve in similar type of offences and also made
an attempt to escape from the jurisdiction of the
court. Hence, point No.1 is answered in the negative.
11. Point
No.2: With these discussions, I
proceed to pass the following:
O RDE R
This bail application filed by the
petitioner under Section 438 of Cr.P.C. is
hereby rejected.
(Typed to my dictation by the Stenographer directly on the computer,
corrected by me and then pronounced in open Court on this the 27th day
of June, 2022)
(K.S.JYOTHISHREE)
LXXI Addl. City Civil & Sessions Judge
Bengaluru.