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.

JUDGMENT

1. This petition is filed under Sec. 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in respect of Crime No.109/2021 registered by the Chikkanayakanahalli Police Station for the offences punishable under Ss. 3, 4, 5, 7 of the Immoral Traffic Prevention Act.

2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the State.

3. The factual matrix of the case is that on 28/8/2021 at about 7.20 p.m. the complainant and his staff were on patrolling duty at bus stop near Banashankari Choultry and temple, he received the credible information that prostitution business was running illegally in the house of one Srinivas by one Vinodamma to earn money illegally by brining men and women for the said purpose. On the basis of the said information, raid was conducted on the said house and found that there was illegal prostitution business was running and one person was escaped from the spot and they tried to chase him but they were unable to apprehend him. Based on the complaint, police have registered the case for the aforesaid offences.

4. The learned counsel for the petitioner would submit that a false case has been registered against this petitioner and this petitioner was not present at the spot on the date of the incident and he has not committed any offences as alleged and hence, it is a fit case to exercise the powers under Sec. 438 of Cr.P.C.

5. Per contra, the learned High Court Government Pleader appearing for the State would submit that this petitioner ran away from the spot and after the registration of the case it came to know that this petitioner also indulged in the said activities. Hence, prayed to dismiss the petition.

6. Having heard the respective counsel, also on perusal of the documents on record and the offences invoked against this petitioner herein and considering the gravity of the offences and the allegations made in the complaint, it is a fit case to exercise the powers under Sec. 438 of Cr.P.C.

7. In view of the discussions made above, I pass the following: ORDER

The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.109/2021 registered by the Chikkanayakanahalli Police Station for the offences punishable under Ss. 3, 4, 5, 6 of the Immoral Traffic Prevention Act, subject to the following conditions:-

(i) The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.2,00,000.00 (Rupees Two Lakh only) with two sureties for the like-sum to the satisfaction of the concerned Investigating Officer.

(ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.

(iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation and he shall appear before the Investigating Officer, as and when called for.

(iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission till the charge sheet is filed or for a period of three months, whichever is earlier.

(v) The petitioner shall mark his attendance once in a month i.e., on 30th of every month between 10.00 am and 5.00 pm., before the Investigating Officer for a period of three months or till the charge sheet is filed, whichever is earlier.