This petition is filed by the sole accused under

Section 439 of The Code of Criminal Procedure,

1973 (hereinafter referred to as the 8Cr.P.C.9, for

brevity) seeking bail in Crime No.62/2022 of

Hubballi-Dharwad

City

Women

Police

Station

registered

for

the

offences

punishable

under

Sections 3, 4, 5, 6 of Immoral Traffic Prevention

Act, 1956 and Section 370 of The Indian Penal

Code (hereinafter referred to as the 8IPC9, for

brevity).

2.

The case of the prosecution is that, Smt.

R.

F.

Bharamappanavar,

P.I.,

Women

Police

Station, Hubballi-Dharwad has filed the complaint

stating that on 23.08.2022 at about 12.30 p.m.,

- 3 -

she received credible information that in a house

situated at Santosh Nagar, 4^th cross, Kelageri

Road, Dharwad, belonging to Ghatage, there is a

women trafficking and running brothel for illegal

money by calling the customers to the house for

sexual intercourse. The said complaint came to be

registered

in

Crime

No.62/2022

of

Hubballi-

Dharwad Women Police Station for the aforesaid

offences.

The report of the Investigating Officer reveals

that on registering the case the Police Inspector

and other Police staff raided the house and found

the petitioner and the victim lady. On enquiring

the victim lady, she disclosed that the petitioner is

sending the customers for sexual intercourse with

her and the petitioner is giving money for the said

work. There were three customers in the said

house. On enquiring with the customers they

disclosed that in the said house there was brothel

- 4 -

and hence they visited the said house to have

sexual intercourse with the ladies. They also

disclosed that they have paid Rs.1,000/- to the

victim. The Police arrested the petitioner/accused

and protected the victim and seized Rs.500/-, one

mobile phone of this petitioner/accused and also

seized Rs.500/-, two condoms from the victim

under

Mahazar.

The

petitioner

came

to

be

arrested on 23.08.2022 and she is in judicial

custody.

The

petitioner

filed

Criminal

Miscellaneous No. 507/2022 seeking bail and the

same came to be rejected by the Principal District

and Sessions Judge, Dharwad by order dated

27.09.2022. Therefore, the petitioner/accused is

before this Court seeking bail.

3.

Heard the arguments of learned counsel

appearing for petitioner and learned High Court

Government Pleader for respondent-State.

- 5 -

4.

Learned counsel for the petitioner would

contend that the petitioner is innocent and has

not committed any offence as alleged, she has

been falsely implicated in this case. It is his

further

submission

that

the

petitioner

had

borrowed loan from the victim and she has not

repaid the same and therefore the victim lady has

filed a false complaint against her and the alleged

three customers are the relatives of the victim

lady. It is his further submission that major

portion of investigation is over and as the charge

sheet is filed, the petitioner is not required for

custodial interrogation. With this, he prayed to

allow the petition.

5.

Per

contra,

learned

High

Court

Government Pleader contends that the statement

of the victim lady has been recorded under Section

164 of Cr.P.C. There is a recovery of mobile phone

and cash of Rs.500/- from this petitioner. The

- 6 -

charge sheet material shows prima facie case

against the petitioner/accused for the offences

alleged against her. The offences alleged against

the

petitioner

are

punishable

with

7

years

imprisonment and it may extend to life or 10 years

imprisonment. With this, he prayed to reject the

petition.

6.

Having regard to the submissions made

by learned counsel for the petitioner and learned

High Court Government Pleader for respondent-

State, this Court has gone through the charge

sheet

records

and

the

order

passed

by

the

Sessions Court.

7.

The

accusation

against

the

petitioner/accused is that she was running brothel

and on raid in her premises the victim lady and

three customers are found. The mobile phone and

cash of Rs.500/- have been seized from the

- 7 -

p