IN THE COURT OF LXXI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY (CCH-72)
DATED THIS THE 2 nd DAY OF FEBRUARY, 2023
PRESENT
Smt. K.S.JYOTHISHREE, B.Com, L.L.B.
LXXI Addl. City Civil & Sessions Judge, Bengaluru.
CRL.MISC. No.572/2023
Petitioner
Suneesh.T,
S/o Thulaseedharan,
Aged about 38 years,
R/at Sunil Vilasom,
Plachery, Valacode
Village, Punalur,
Kollam District,
Kerala.
And also R/at
No.106/107, Next to
MI Service Station,
Opp.Phoenix Mall,
Whitefield Mainroad,
Bangalore.
(By Sri.Manjunatha.S,
Adv.)

AND
Respondent State of Karnataka
By Mahadevapura P S,
Bangalore.
(By the learned Public
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Crl. Misc No.572/2023
Prosecutor)
ORDER ON BAIL APPLICATION FILED U/S.439
OF Cr.P.C.
The petitioner has filed the above application
and
sought
bail
in
Crime
No.324/2022
(C.C.No.50229/2023) of respondent police for the
offences punishable U/s.370 of IPC and Sec. 3,4,5,6
of ITP Act.
2. The facts are under:
On
04.11.2022
at
about
2.30p.m,
the
complainant received information that prostitution
being carried out at VIP Spa No.106/107, 2 nd floor, Nr.
MI Service Centre, Opp.Pheonix Mall, Whitefield
Mainroad. Immediately he informed the same to his
senior officers, reached the spot at 3.20p.m along
with panchas and staff. One of his staff was made to
act as decoy. Inside Spa, there was a reception table.
The complainant seized cash of Rs.2,000/-, mobile
3
Crl. Misc No.572/2023
phone and condoms. Mahazar was drawn in the
presence of staff and panchas. The accused No.1 is
the owner and the petitioner is the manager of the
said Spa. The complainant rescued the victims,
arrested the petitioner and submitted report before
SHO.
3. Grounds for bail:
1. The petitioner is innocent.
2. The mahazar was drawn prior to the
registration of FIR and it was illegal.
3. The petitioner is working as Helper. It is a VIP
Family Salon and Spa, which is having
necessary license.
4. The petitioner had recently joined for the job.
The girls shown as victim are the employees.
5. The said Spa is situated in the busiest area.
6. VIP Family Salon has cameras installed inside
it. No such illegal activities were carried out.
7. The petitioner is falsely implicated.
8. The petitioner is ready to abide by the
conditions to be imposed by the court.
With these contentions, he has requested to
allow the application.

4
4.

The
learned
Public
Crl. Misc No.572/2023
Prosecutor
has
filed
objection and re-iterated the complaint averments. If
the bail is granted, the petitioner may abscond from
the jurisdiction of the court. There are prima facie
materials to show that the petitioner has committed the
alleged offences. With these contentions, she has
prayed for dismissal of the application.
5. Heard.
6. The points that arise for my consideration are:
1.Whether the petitioner has made
out grounds to release him on bail?
2. What order?
7. This court has answered the above points are
as under:
Point No.1:
Point No.2:
In the Affirmative.
As per final order
for the following:
R EAS O N S
8. Point No.1: Admittedly, the investigation has
been completed and filed charge sheet. The petitioner
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Crl. Misc No.572/2023
has been arrayed as accused No.2. It is alleged that
the petitioner and other accused persons were
running prostitution to gain illegally. The counsel for
petitioner has produced LPG Subscription Voucher. It
discloses that the petitioner is a resident of No.8,
House No.3, 1st Main, Kadamba Bldg, Ashwini Layout,
Ejipura, Bengaluru.
9. Though the alleged offences are non-bailable
and to be tried before this court, it is not punishable
with either death or imprisonment for life. There is no
need to keep the petitioner behind the bars. So I have
not found any ground to reject the application. Hence,
I answer point No.1 in the affirmative.
10. Point No.2: In view of answer on Point No.1,
this Court proceed to pass the following:-
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Crl. Misc No.572/2023
ORD ER
The bail petition filed by the
petitioner U/s.439 of Cr.P.C. is hereby
allowed.
Consequently, the learned 29th
ACMM, Bengaluru is hereby directed to
release the petitioner/accused No.2 in
Crime No.324/2022 (C.C.No.50229/
2023) on bail on his executing personal
bond for Rs.1,00,000/- with two
sureties for the like sum.
(Typed to my dictation by the Stenographer directly on Computer, corrected by me and then
pronounced in open Court on this the 2nd day of February, 2023)
(K.S.JYOTHISHREE)
LXXI Addl. City Civil & Sessions Judge
Bengaluru.