Heard Sri. Rakesh S.Hattikatagi, learned counsel for

the petitioners and learned High Court Government

Pleader for respondent - State.

2.

This petition is filed under Section 482 of

Cr.P.C. with the following prayer:

"To allow the petition and quash the entire

proceedings as against the petitioners i.e., accused no.3

and 4 in S.C.No.68/2022 (arising out of Ilkal P.S.

Cr.No.90/2021) at Annexure-A pending before Prl. District

and Sessions Court Bagalkot for the alleged offences

p/u/sec. 3, 4, 5, 7, 9 of Immoral Traffic Prevention Act

and Sec. 370 of IPC."

3.

Brief facts of the case are as under:

Upon a credible information received by Circle Police

Inspector, Sri Hoskerappa K., he raided a shed erected

over agricultural field situated near Solar Plant, Ilkal

Huchnur Road belonging to Laxman Lokappa Rathod and

noticed that prostitution was going on in the said place

and in the raid, he took the petitioners and other

customers into custody and so also prostitutes who were

- 3 -

indulged in prostitution and also incriminatory material

and filed report with Ilkal Police. Thereafter, case came to

be registered in Crime No.90/2021 on 16.09.2021 for the

offences punishable under Sections 3, 4, 5, 7 and 9 of

Immoral Traffic Prevention Act and Section 370 of IPC.

4.

After thorough investigation, police filed charge

sheet. The learned Magistrate took cognizance and the

same is called in question before this Court by the

petitioners.

5.

Reiterating the grounds urged in the petition,

Sri.

Rakesh

S.Hattikatagi,

learned

counsel

for

the

petitioners contended that petitioners are customers and

therefore they cannot be held liable for the aforesaid

offences and sought for quashing of pending criminal

proceedings against the petitioners.

6.

Learned

High

Court

Government

Pleader

however supports the order taking cognizance.

- 4 -

7.

Perused the material on record meticulously in

view of the rival contentions of the parties.

8.

It is settled principles of law that the petitioners

being customers who have been taken to custody by the

police in the alleged incident, cannot be held liable for any

of the aforesaid offences.

9.

Accordingly, case is made out for quashing of

criminal proceedings against the petitioners. Hence,

following order is passed:

ORDER

The criminal petition is allowed.

Pending criminal proceedings as against the

petitioners in S.C.No.68/2022 on the file of

Principal District and Sessions Judge, Bagalkot

(arising out of Crime No.90/2021 registered

before Ilkal Police Station) are hereby quashed.

Sd/-

JUDGE

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List No.: 2 Sl No.: 62