IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 7^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 101909 OF 2023 (482(Cr.PC)/528(BNSS))

BETWEEN:

1. MIRIJA S/O. SAIYADASAB NAYKODI, AGE. 61 YEARS, OCC. BUSINESSMAN, R/O. MANTUR ROAD, MUDHOL, TQ. MUDHOL, DIST. BAGALKOT – 587 313.

2. MAHAMMAD ISMAYIL S/O. ABDULSATTAR KUDACHI, AGE. 40, OCC. BUSINESSMAN, R/O. MANTUR ROAD, MUDHOL, TQ. MUDHOL, DIST. BAGALKOT-587313 …PETITIONERS (BY SRI. GIRISH A. YADAWAD, ADVOCATE)

AND:

THE STATE OF KARNATAKA, R/BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDING, Digitally signed by DHARWAD, THROUGH PSI, VISHAL NINGAPPA MUDHOL POLICE STATION, PATTIHAL DIST. BAGALKOT – 587 313.

Location: High Court of Karnataka, …RESPONDENT Dharwad Bench, Dharwad (BY SRI. T. HANUMAREDDY, AGA FOR RESPONDENT)

THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.

SEEKING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN SC NO.5005/2023 REGISTERED AGAINST THE PETITIONERS (ACCUSED NOS.1 AND 2) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3 AND 5 OF IMMORAL TRAFFIC (PREVENTION) ACT, 1956 AND 370A(2) OF IPC, PENDING ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOT TO SIT AT JAMKHANDI, INSOFAR AS THE PETITIONERS (ACCUSED NOS.1 AND 2) ARE CONCERNED IN THE INTEREST OF JUSTICE.

THIS CRIMINAL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioner is before this Court seeking the following prayer:

“THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.

SEEKING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN SC NO.5005/2023 REGISTERED AGAINST THE PETITIONERS (ACCUSED NOS.1 AND 2) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3 AND 5 OF IMMORAL TRAFFIC (PREVENTION) ACT, 1956 AND 370A(2) OF IPC, PENDING ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOT TO SIT AT JAMKHANDI, INSOFAR AS THE PETITIONERS (ACCUSED NOS.1 AND 2) ARE CONCERNED IN THE INTEREST OF JUSTICE.”

2. The learned counsel appearing for the petitioner submits that the issue in the lis the legal grounds set out in the subject petition are all answered by the Co-ordinate Bench in the case HANAMANTH S/O BHARAT SIRSAGAR AND OTHERS vs. THE STATE OF KARNATAKA in Criminal Petition No.201645 of 2023 disposed on 10.04.2024. The Co-ordinate Bench is held as follows:

“The petitioners, who are accused No.1, 2 and 3 in Crime No.85/2023 of Kamalanagar Police Station, Bidar for the offences punishable under Section 3, 4, 5, 6 of Immoral Traffic (Prevention) Act, 1956 are before this Court seeking quashing of the proceedings.

2. The case of the prosecution is that the complainant, who is a Circle Inspector of Police of Kamalanagar Circle had received a credible information that prostitution is being carried out in Ajanta Lodge at Kamalanagar and therefore after obtaining prior permission of Dy.S.P, he raided the said lodge along with the panchas and his staff. It was found that prostitution was practiced in the said lodge and therefore, the spot mahazar was conducted in the presence of one Santosh and Govind. Along with the accused Nos.1 and 2 and the seized articles, he returned to the police station and lodged his complaint, which came to be registered by the SHO i.e., PSI of Kamalanagar Police Station for the above said offences at about 4.00 p.m. on 05.09.2023.

3. Now the learned counsel for the petitioners, who are accused Nos.1 to 3 submit that the PSI of Kamalanagar Police Station or of Circle Inspector of Police who conducted the raid were not having any authority since there is no such designation of these police officers as a Special Police Officer as required under Section 13 of the ITP Act. It is contended that, the mandatory provisions of Section 15 of the ITP Act are also not followed by the investigating officer and therefore, on both these grounds to the proceedings are not sustainable in law.

4. Per contra, the learned High Court Government Pleader would submit that there is no such