IN THE COURT OF LXXI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY (CCH-72)
DATED THIS THE 30 th DAY OF JANUARY, 2023
PRESENT:
Smt. K.S.JYOTHISHREE, B.Com, L.L.B.
LXXI Addl. City Civil & Sessions Judge,
Bengaluru.
CRL.MISC.No.529/2023
Petitioner
Y. Nagappa,
S/o Sannarudrappa,
Aged about 49 years,
R/at No.2299, 3rd ‘B’
Main, RPC Layout,
Hampinagar,
Vijayanagar, Bengaluru.
(By Sri. Dhanoji Rao
Chavan, Adv.)
AND
Respondent State of Karnataka
Annapoorneshwarinagar
P S, Bangalore.
(By the learned Public
Prosecutor)
ORDER ON BAIL APPLICATION FILED U/S.438
OF Cr.P.C.
The bail application is filed by the petitioner
under Section 438 of Cr.P.C. praying to grant an order
of anticipatory bail in the event of his arrest in Crime
No.106/2020 (C.C.No.11398/2020) of the offences
punishable U/s. 3 to 6 of ITP Act and Sec.370 of IPC.
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Crl.Misc.No.529/2023
2. The facts are as under:
It is alleged that on 20.06.2020 about
6.00p.m, C.W.1 had received credible information that
the petitioner and other accused persons were
running
prostitution
in
House
No.27,
Vinayaka
Layout, Muddanapalya Mainroad, Annapoorneshwari
Nagar,
Bengaluru.
Raid
was
conducted
in
the
presence of staff and panchas. I.O had seized the
incriminating materials, conducted mahazar, rescued
victims and lodged complaint.
3. Grounds:1. The petitioner is innocent.
2. The petitioner is the owner of the house
where the alleged incident has taken place.
The petitioner had entered into agreement with
accused No.1 on 16.03.2020 and let out 1 st
Floor of the house on monthly rent of
Rs.15,000/3. The petitioner is the Central Government
employee and working in Nasik.
4. The name of the petitioner is not found in
the complaint and FIR.
5. The petitioner is ready to abide by the
conditions to be imposed by the court.
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Crl.Misc.No.529/2023
With these contentions, he has requested to
allow the application.
4. The learned Public Prosecutor has filed
objections and re-iterated the complaint averments. If
the petitioner is released on bail, he may tamper the
witnesses. Hence requested to dismiss the petition.
5. Heard.
6. The points that arises for consideration are as
under:
1. Whether the petitioner has made
out any grounds to release him on
anticipatory bail?
2. What order?
7. This Court has answered the above points are
as under:
Point No.1:
Point No.2:
In the negative
As per final order
for the following:-
R EAS O N S
8. Point No.1:
It is alleged that the accused
persons were running the prostitution to gain illegally.
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Crl.Misc.No.529/2023
The chargesheet discloses that the petitioner has been
arrayed as accused No.3. According to him, he is the
owner of the alleged place of incident and he is a
Central Government employee working in Nasik,
Maharashtra.
9. It is material to note that, as per the certified
copy of order sheet in C.C.No.11398/2020, the
learned Magistrate has passed an order and directed
the complainant police to file Splitup chargesheet
against
petitioner/accused
No.3.
The
learned
Magistrate has noted that inspite of issuance of
summons and NBW, the accused No.3 has failed to
appear before the court. It means, the trial court has
issued proclamation and attachment warrant against
the petitioner/accused No.3.
10. In this situation, it is not proper to release
the petitioner on anticipatory bail. If he is released, he
may involve in similar type of offences and also try to
6
abscond
from
the
jurisdiction
Crl.Misc.No.529/2023
of
the
court.
Accordingly, I answer point No.1 in the Negative.
11. Point No.2: Hence, I proceed to pass the
following:ORD ER
The bail petition filed by the
petitioner U/s.438 of Cr.P.C, is hereby
dismissed.
(Typed to my dictation by the Stenographer directly on Computer, corrected by me and then
pronounced in open Court on this the 30th day of January, 2023)
(K.S.Jyothishree)
LXXI Addl. City Civil & Sessions Judge,
Bengaluru.