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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF APRIL, 2019

BEFORE

THE HON’BLE MR. JUSTICE ARAVIND KUMAR

CRIMINAL PETITION NO.555/2019

BETWEEN:

SRI. TANVEER

S/O SHIEK ABBAS

AGED ABOUT 48 YEARS

R/O NO.764A, 1^ST FLOOR

HBR LAYOUT, NAGAVARA

MAIN ROAD

BENGALURU – 560 023.

... PETITIONER

(BY SRI. BHARATH KUMAR V., ADVOCATE)

AND:

1.

STATE OF KARNATAKA

THROUGH STATION HOUSE

OFFICER, J.C. NAGAR POLICE

STATION, BENGALURU – 560 025

REPRESENTED BY STATE

PUBLIC PROSECUTOR

HONBLE HIGH COURT OF

KARNATAKAA

BENGALURU – 560 001.

2.

INSPECTOR OF POLICE

CITY CRIME BRANCH

W & N SQUAD, N.T. PET

BENGALURU – 560 018.

... RESPONDENTS

(BY SRI. S. RACHAIAH., HCGP)

2

THIS CRIMINAL PETITION IS FILED UNDER

SECTION 482 CR.P.C PRAYING TO QUASH AS AGAINST

THE

PETITIONER

HEREIN,

THE

FIR

BEARING

NO.185/2011 DATED:13.12.2011 ALONG WITH THE

INFORMATION DATED:13.12.2011 REGISTERED WITH

THE RESPONDENT J.C. NAGAR POLICE STATION, FOR

THE ALLEGED OFFENCE U/S.3, 4, 5 AND 7 OF THE

IMMORAL TRAFFIC (PREVENTION) ACT, (ANNEXED VIDE

ANNEXURE A AND A1).

THIS CRIMINAL PETITION COMING ON FOR

ADMISSION

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

O R D E R

Petitioner herein is arraigned as accused No.

2 in Crime No. 185/2011 registered for the offences

punishable under Sections 3, 4, 5, and 7 of the

Immoral Traffic Prevention Act, 1956.

2. On careful perusal of the contents of the

FIR it would disclose that specific allegation is

made against the petitioner that he was found at

the place where brothel was being run and was

customer at the brothel house.

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3.

Learned

counsel

appearing

for

the

petitioner submits that co-ordinate Bench of this

Court in Crl.P.No.1728/2017 (MAHADEVA C vs

STATE

OF

KARNATAKA),

disposed

of

on

07.06.2017 has held that Sections 3, 4 and 5 of ITP

Act would not be attracted insofar as petitioner

therein is concerned, since, he was said to be

customer or who was soliciting at a brothel.

4. In fact, Coordinate Bench of this Court

after examining and analyzing Sections 3, 4, 5 & 7

of the ITP Act, 1956 has held that prosecution had

failed to make out case against the accused person

therein for the offence punishable under Sections

3, 4 and 5 of the ITP Act.

5. A bare reading of the Sections 3, 4, 5 and 7

of the ITP Act would clearly indicate that they are

in no way attracted insofar as providing any

punishment to the customers who were present at

the venue where alleged brothel was being run. In

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the absence of any penal provisions, customers

though are in a way contributing to encourage

prostitution and which leads to exploitation of

women

who

are

in

penury,

such

persons

(customers) cannot be held as liable for want of

penal provision and continuation of proceedings

against them would be abuse of process of law.

6.

In the light of the aforestated facts, I do

not find any good ground to differ from the view

expressed by Coordinate Bench of this Court and

as such, present petition deserves to be allowed.

Hence, I proceed to pass the following;

O R D E R

I. Criminal Petition is allowed.

II. Proceeding pending in Crime No.185/2011

registered by J.C.Nagar Police Station,

Bengaluru, for the offences punishable

under Sections 3, 4, 5, and 7 of the ITP

Act are hereby quashed insofar as it

relates to the petitioner (Accused No.2)

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herein and he is acquitted of above said

offences.

In view of petition having been disposed of on

merits, I.A. No. 1/2019 for stay does not survive for

consideration. Hence, it is rejected.

SD/-

JUDGE

*sp