High Court · 2025

The State of rerangana, Rep., by its pubric prosecutor, High court for the State of Telangana at Hyde-rabad, thiougir F.s ern;rr, niirll ilyoeraoaO, rs. I ...RESPONDENT/COMPLAINANT Petition under section 52g of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Fetition, the High d;ri;ry be pleased to carr for the records rerating to sc No. s3 of 2o23, cririe No. 309 of 39i1i_l t_:fira ftjil:, Hyderabad, rS, on tre fite of the lx Addt, rvretiopolrtan sessron Judge tor triar of JHCBBC, Hyderabad. TS and quash the same against the petitioner/accused No. 3. l.A. NO: 1 oF 2025 Petition under section 482 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminar Fetition, ttre Hiln-court may be pleased to stay aI f-urther proceedings incruding the appea"rance or ine p.etitioner/accused No. 3, sc No. s3 of 2021 crime NoI 3og ot'202.1 F s erni;r" Hills, Hyderabad, TS on theJire of the rX Addr., Mtetroporitan session .luolJlor trial of JHCBBC, Hyderabad, TS, pending disposal of the above criminal p;iiii;" This Petition toming on for hearing, upon perusing the Memorandum of Grounds of criminar Petition and upon hearing the arguments of sri BETH| vENKATESWARLU, Advocate for the petitioner and sri Jithender Rao veeramalla the Addr. pubric prosecutor on beharf of the Respondent No.1 . The Court made the following: ORDER l THE HONOURABLE SMT. JUSTICE JUWADISRIDEVI CRIMINAL PETITION No.2995 of 2025 ORDER This Criminal petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, (for short ,B.N.S.S,) (previously section 482 of cr.p.c.) by the petitioner-accused No.3 to quash the proceedings against him in S.c.No.s3 of 2023 on the file of the lX Additionar trletroporitan sessions Judge for Triar of JHCBBC, Hyderabad, registered for the offences under sections 370 and 370(4)(2) of IPC and Sections 3, 4 and 5 of the lmmoral Traffic (Prevention) Act, 1956 (for short ,the Act,).

02. Heard Sri Bethi Venkateshwarlu, learned counsel for petitioner and Sri Jithender Rao Veeramaila, rearned Additionar pubric Prosecutor for the respondent - State and perused the record,

03. ln hrief, the case of the prosecution is that the police, Banjara Hills Porice station received credibre information about running of brothel house and raided the premises i.e., Lucky Beauty and Spa at H.No.8-2-682l3t2tA & B, Ftat No.305, Btock_B, Road no..l2, Banjara Hills, Hyderabad and found petitioner-accused No.3 at the said brothel house in the capacity of ,customer,. Basing on the said complaint, a case in crime No.30g of 202'r was registered against the accused and 2 after completion of investigation, charge sheet was filed, cognizance ! was taken and the case was numbered as S.C.No.53 of 2023.

04. Learned counsel for the petitioner would submit that though the petitioner is innocent, he was falsely implicated in the subject cfl me The victim woman who was found in the premises was not a trafficked woman and since the petitioner was found at the premises in the capacity of 'customer', the offences alleged against him are not at all attracted. Hence, he prayed to quash the proceedings against the petition er

05. On the other hand, learned Additional Public Prosecutor submitted that there are specific allegations against the petitioner and the truth or: otherwise of the allegations levelled against the petitioner can only be known after conducting full-fledged trial before the Sessions Court, and hence, prayed to dismiss the criminal petition

06. ln view of the above facts and circumstances of the case, it is relevant to extract the provision under Section 370 of IPC using force, or any other form of coercion, or "370. Trafficking of a Person: (1)Whoever, for the purpose of exploitation, (a) recruits, (b) transporls, (c) harbours, (d) transfers, or (e) receives, a person or persons, by- Firstlv- using threats, or Second/ IfuCly. - by abduction, or Fourthl Fifthlv- by abuse of power, or Sirthlv- by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transpofted, by practising fraud, or deception, or \ i 3 or received, commits the offence of harboured, transfened trafficking. Explanation 1- The expression "exploitation" shatt include any act of physical exploitation or any form of sexual exptoitation, slavery or practices simitar to slavery, seNitude, or the forced removht of organs. Explanation 2- The consent of the victim is immateriat in determination of the offence of trafficking. (!)Whoever commits the offence of trafficking shalt be punished with rigorous imprisonment for a term which sha not be less than seven years, but which may extend to ten years, and sha atso be liable to fine. (!)Where the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment tor a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be tiabte to fine. (4)Where the offence involves the trafficking of a minor, it shalt be punishable with rigorous imprisonment for a term which shall not be /ess thal? ten years, but which may extend to impisonment for Iife, and shall also be liable to fine. {!)Where the offence involves the trafficking of more than one minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than foufteen years, but which may extend to imprisonment for life, and shalt also be tiable to fjne. (!)lf a person is convicted of the offence of trafficking of minor on more than one occasion, then such person sha be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person,s natural life, and shall also be liable to fine. (!)When a public seruant or a potice officer is invotved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for tife, which shall rnean imprisonment -for the remainder of that person's natural tife, and shall also be liable to fine.',

07. Section 370(,4) of lpC reads as under: Ex loitation of a trafficked p erson (f)Whoever, knowingly or having reason to betieve that a mnor has been trafficked, engages such minor for sexual exptoitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be /ess than five years, but which may extend to seven years, and shatt also be liable to fine. (2)Whoever knowingly by or having reason to believe that a person has been trafficked, engages such person for sexual I { j I 1' I 4 any manner' shall be punished with rigorous exploitation in imprisonment f uu,,r,"o,"roJ*fu::;Zf,::l"y:.:;:rzl::;"::::;;ifi: , 09. To invoke the provision of law under Sections 370 and 370(4) of lpC, there should be proof to show that trafficking of a person . and engagement of such person for sexual exploitation by any one, knowingly or having reason to berieve that such person has been trafficked' so, it is for the prosecution to bring on record the evidence that there is a reason inter atia to believe that the victims are trafficked by engaged persons for sexual exploitation. ln the present case, as seen from the entire case record, the victim stated that she was doing prostitution for the sake of money and she joined brothel house and given her wilringness to do sex with customers. since no materiar is produced by the prosecution to prove that the victim woman was trafficked, she was engaged for sexual exploitation and as the petitioner had no knowledge that the victim woman was trafficked for the purpose of prostitution, the proceedings against the petitioner for the offences under Sectioni 370 and 370(AX2) of lpC, are liable to be quashed.

09. Now coming to Sections 3, 4 and 5 of the Act, the provisions in detail are extracted below: be used as a brothe!. (!)Any person who keeps or manages, or acts or ass/sfs ,, lhe keeping or management of, a brother shal be punishabte on first conviction with rigorous imprisonment for a term of not less than \ j 5 one year and not more than three years and atso with fine which may extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term of not less than two years and not more than five years and also with fine wiich may extend to two thousand rupees. (!)Any person who- (a)being the tenant, lessee, occupier or person in charge of any premises, uses, or knowingly allows any other person to sue, such premises or any paft thereof as a brothel, or (b)being the owner, /essor or landlord of any premises or the agent of such owner, lessor or landlord, Iets the same or any part thereof with the knowledge that the same or any paft thereof is intended lo be used as a brothel, or is wilfutty a party b the use of such premises or any pai thereof as a brothel. Sha be punishable on first conviction with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term which may extend to five years and also with fine. Q)Notwithstanding anything contained in any other law for the time being in force, on conviction of any person referred to in clause (a) ar clause (b) of sub_section (2) of any offence under that sub-section in respect of any premises or any paft thereof, any lease or agreement under which such itremises have been leased out or are held or occupied at the time of the commssion of the offence, shall become void and inoperative with effect from the date of the said conviction. 4. Punishment for Itvtnq on the earnt (!)Any person over the age of eighteen years who knowingly trves, wholly or in paft, on the earnings of the prostitution of a woman or girl shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one lhousand rupees. or with both (!)Where any person is proved_ (e)to be living with, or to be habitua y in the company of, a prostitute; or of prostitution. I 6 b)to have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that such person r's aiding, abetting or compelling her prostitution; or ldto be acting as a tout or pimp on behalf of a prostitute, it shall be presumed, until the contrary is proved, that such person ,s knowingly living on the earnings of prostitution of another person within the meaning of sub-section (1):Provided thal no such presumption shall be drawn in the case of a son or daughter of a prostitute, if the son or daughter is below the age of eighteen years. 5. Procurinq, inducina or takinq woman or qirl for the sake of prostitution. (l)Any person who- (g)procures or attempts to procure a woman or girl, whether with or without her consent, for the purpose of prostitution; or (b)induces a woman or girl to go from any place, with the intent that she may for the putpose of prostitution become the inmate of, or frequent, a brothel; or (9)takes or aftempts to take a woman or girl, or causes a woman or girl to be taken, from one place to another with a view to her carrying on, or being brought up to carry on prostitution: or G!)causes or induces a woman or girl to carry on prostitution; shall be punishable on first conviction with rigorous imprisonment for a term of not /ess than one year and ndt more than two years and also'with fine which may extend to two thousand rupees- pyn ine event of a second or subse quent conviction of an offence under this section a person shall be punishable with rigorous imprisonment for a term of nol /ess than two years and not more than five years and also with fine which may extend to two thousand rupees. (llAn offence under this section shall be triable- G)in the place from which a woman or girl is procured, induced to go, taken or caused to be taken or from which an aftempt to procure or take such woman or girl is made; or \ 7 (h)jn the ptace to which she may have gone as a result of the inducement or to which she is taken or caused to be taken or an attempt to take her is made.

10. The Sections 3, 4 and 5 of the Act deals with regard to punishment for keeping a brothel or allowing premises to be used as a brothel, punishment for living on the earnings of prostitution; punishment for procuring, inducing or taking woman or girl for the sake of prostitution. There are no allegations against the petitioner that he is running brothel, or he is living on the earnings of prostitution, or he procured girl for doing prostitution. ln the present case on hand, as per the case of prosecution, the sole allegation against the petitioner- accused No.3 is that he was found at the premises in the capacity of 'customer', hence, the proceedings against the petitioner for the offences under Sections 3, 4 and 5 of the Act, are also liable to be quashed.

11. ln vrew of the aforesaid discussion, the proceedings against the petitioner-accused No.3 in S.C.No.53 of 2Q23 on the file of the lX Additional Metropolitan Sessions Judge for Trial of JHCBBC, Hyderabad, are hereby quashed.

12. Accordingly, this Criminal Petition is allowed I I I 8 As a sequel, pending miscellaneous applications, if any, shall stand closed //TRUE COPY// 'l5$,?Ni'A:a,tfRlx SECTION OFFICER To, The lX Addl., Metropolitan Session Judge for'trial'of'JHCBBC' Hyderabad' The Station House Officer' ;"1; St;t'"t"' Banjara Hills Hvderabad rwo ccs to the PUBLIG dri;i"t?Ii&' n!1.99'1at Hvderabad (oUr) ;:: EE ; ;*i e ErH r vE-N-ATESwARLU Advocate [oPUC] Two CD CoPies 1 2 J 4 t tpUplP r HIGH COURT DATED:0310312025 1 tlE ST^q, ( c' 2t 'o, ORDER CRLP.No.2995 of 2025 CRIMINAL PETITION IS ALLOWED / /t 1{ 4 ,