'No Specific Allegation': Karnataka High Court Grants Bail To Receptionist Of Hotel Being Used As Brothel

Noting that no specific allegation is made against the Petitioner, a single judge bench of Justice H.P.Sandesh allowed the petition filed by Prakash Sharma and granted him bail on execution of a personal bond of Rs.2,00,000 with two sureties.

Sharma had approached the Court seeking bail in a case registered with the Marathahalli Police Station for the offences punishable under Section 370 (Buying or disposing of any person as a slave) IPC and Sections 3, 4, 5, 6 of Immoral Traffic Prevention Act, 1956.

As per the complaint, the petitioner herein and accused No. 2 secured CWs.4 and 5 on high paying job assurance. However, it is alleged that accused No. 2 contacted customers over the phone and indulged CWs.4 and 5 into prostitution.

Based on this information, a raid was conducted and it was found that accused No.2 was running a brothel at Berry's hotel. The petitioner herein was also taken into custody in connection with the offence, and an amount of Rs.1,000, was recovered from him.

The Petitioner submitted that the very complaint itself discloses that he was working as a receptionist in the hotel and specific allegation is made only against accused No. 2 that he was running brothel and he used to contact customers. It was argued that the petitioner was merely employed in the hotel and no specific allegations are made against him by CWs.4 and 5, who are victims.

The Prosecution on the other hand opposed the plea, stating that Petitioner was making arrangements to subject the victims for sexual act and though allegation is made against accused No.2, but the Petitioner was helping accused No. 2 to run brothel and there is prima facie case against him.

Findings:

The bench observed that the petitioner was working as a receptionist in the hotel and allegations pertaining to procuring customers were made only against accused No. 2. In fact, the victims found in the hotel also made statement against accused No.2 only. No specific allegations are made against the petitioner.

"Taking note of the allegation made against this petitioner and gravity of offence and also allegation is made against accused No.2 but not against this petitioner and except presence of this petitioner was found in the hotel, no other allegations are made against this petitioner, this is a fit case to exercise the power in favour of the petitioner," the Court said.

Accordingly it allowed the petition.

Case Title: Prakash Sharma S/O Mehdi Sharma v. State By Marathahalli Police Station

Case No: CRIMINAL PETITION NO.4281 OF 2022

Citation: 2022 LiveLaw (Kar) 177

Date of Order: 23RD DAY OF MAY 2022

Appearance: Advocate UMA SHANKAR M.N for petitioner; Advocate MAHESH SHETTY for respondent

Click Here To Read/Download Order