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H. P. SANDESH
Prakash Sharma – Appellant
Versus
State By Marathahalli Police Station – Respondent
ORDER
1. This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.40/2022 of Marathahalli Police Station for the offences punishable under Section 370 of Indian Penal Code (IPC for short) and Sections 3, 4, 5, 6 of Immoral Traffic Prevention Act, 1956.
2. Heard learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent - State.
3. The factual matrix of the case of the prosecution is that the petitioner herein and accused No.2 both of them secured CWs.4 and 5 stating that they would get the job and also persuaded them that they are going to give more amount and accused No.2 contacted the customers over the phone and indulging CWs.4 and 5 for prostitution and they used to collect money and based on information, raid was conducted and brothel was running in Berry's hotel and accused No.2 was running the same and this petitioner also taken to custody and an amount of Rs.1,000/- was recovered from the petitioner herein and mobile was also seized from CWs.4 & 5. Hence, the police have registered a case against the petitioner herein and also other accused.
4. Learned counsel for the peti
The court's decision was primarily based on the lack of specific allegations against the petitioner despite the gravity of the offence and the presence of specific allegations against accused No.2.
Bail can be granted in cases where allegations made against accused are not supported by any evidence.
The court has the discretion to grant bail under Sec. 438 of Cr.P.C. based on the gravity of the offences and the allegations made in the complaint.
The court established that mere presence as a customer in a brothel does not constitute sufficient grounds for denying bail under the Immoral Traffic (Prevention) Act.
The main legal point established in the judgment is that the entitlement to bail should be considered in light of the specific allegations and the duration of custody, and that the court has the disc....
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