The High Court · 2025

Bup, Uy its public prosecutor High Court for the 2. The state of relangana, Rep. by station House officer police station Bachupally, Cyberabad ... RESPONOENTS/COMPLAINTS Petition urider section 52g of B.N.s.s., praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be preased to quash the proceedings of crime. No. g6g of 2024 0n the fire of Police station Bachupafiy, cyberabad for offences under sections 144 BNS and 3, 4, 5 of PITA in the interest of justice and equity. t.A. NO: 2oF 2024 Petition under section 52g of B-N.s.s., praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased to stay ail proceedings in crime No. 968 ot 2024 on the fire of porice Station Bachupally, Cyberabad for offences under sections 144 BNS 3,4,5 of PITA until further orders This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K SHANTI KUMAR, Advocate for the Petitioner and of Sri Jithender Rao Veeramalla, the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 and 2. The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE JUWADI SRIDEVI CRIMINAL PETITION No.16216 of 2024 ORDER: This Criminal petition is hled under Section 52g of the Bharatiya Nagarik Suraksha Sanhitha, 2023, (for short B.N.S.SJ by petitioner-accused No.2 to quash the proceedings against him in Crime No.968 of 2024 on the file of the Ltachupally police Station, Cyberabad District. The offences alleged against petitioner are under Section 144 of Bharatiya Nyaya Salhitha, 2023 (for short 'BNS) and Sections 3, 4 a,d 5 of the Immorar Tra-ffic (Prevention) Act, 1956 (for short ,the ActJ.

02. Heard Sri K.Shanti Kumar, learned counsel for petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1 _ State and perused the record

03. In brief, the case of the prosecution is that the Police, Bachupally porice station received credible information about running of brothel house and raided Frat No.3o 1, Srinivasa Sai Nilayam, Near peacock circle, pragathinagar and found that petitioner/accused No.2 along with other accused were present in the brothel house and petitioner-accused No.2 is the customer of the said brothei house. I 2

04. I.earned counsel for petitioner submitted that the woman who r,r'as found r,'ith petitloner is not a trafficked \\roman and petitioner is; nothing to do with the a'lleged offenr:es The ingredients of the offences under Section 144 of BNS (Previously 370(A) of IPC) arLd Sections 3' 4 and 5 of the Act' does not attract to the present case on hand' Thereby' he prayed to <1uash the criminal proceeclings against the petitioner'

05. Learned Additional Public Prosecutor for the State submittedthattherearespecificallegationsagainstpetitioner ald the truth or otherwise would come out only after conducting full-fledged 1-ria1 by the concerned Court below and pra-ved to dismiss this Cri'minal Petition'

06. IrL view of the above facts and circumstatlces of the case, it is relevant to extract the provision und'er Secl-ion 144 of BNS (Previousl'Y 370 (A) of IPC)' 07 Section 144 of BNS (previousiy 370(A) ot IPC reads as under: fficked pefson ExDloitdt ion ofa ff|l'hoover, knowingly or having reason to believc that a ninc,r has been trafficked' engages such min':lr for sexual exploitation in any manner' shall be punished with rigorous imprisonment for a term which sherll not be less than five years, but which may extend to seven years, and shall also be liable to fine' 3 l2lWhoever, knowingly by or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than three years, but which may extend to five years, and shall also be liable to fine. OB. As per Section I44 of BNS (previously 37O(A) of IPC), any person by using threat or force or a,.,y form of coercion or abduction by practicing fraud or deception or by abusing of power or by inducing can only be termed as a ,trafficked person,. In the present case, even according to the contents of FIR, victim stated that she was doing prostitution for the sake of money.

09. Now coming to Sections 3, 4 and 5 of the Act, the provisions in detail are extracted below:

3. Punishrnent for keeplng a brothel or allouinq premtses to be used as a brothel. l!.fAny person who keeps or rnanages, or acts or assists in the keeping or management of, a brothel shall be punishable on hrst conviction with rigorous imprisonment for a term of not less than one year and not more than three years and also 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 hve years and also with fine which may exlend to two thousand rupees. /!,fAny person who- 4 :i fqftreing thc tenant, lessee' occupier or person tn chnrgc o[ any premises, uses' or knowingly allori's any othcr person to sue, such premises or an)'part thereof as a brothel, or p,lbeing the owner, iessor or iandlord of any prcmrses or the, agent of such owner, lessor or landlord' Icts thc same or any part thereof with the knowledge tl'ial the same or any part thereof is intended to be use d as a of such brothel, or is wilfully a party to the use S hall be pretnises or any part thereof as a brolhel' pr.rnishable on first conviction with imprisonment lor a term which may extcnd to two years and with line rvhicl'r may extend to two thousand rupees and in the event- of a second or subsequenl 661vi61i61' with rigorcus imprisonment for a tcrm which may extend to fiYe \ ears and also with fine' lplNotwithstanding anything contained in ant' other laq' for thc time bcing in force' on conviction of anv perstrn referred to in clause (a) or clause (b) of sub- section (2) of any offence under that sub-ser;tion in r,lspect of any premises or any part thereof' any lease or agreement under which such premises have been L:ased out or are held or occupied at the tirn e of the com mission of the offence, shail inoJrerative with effect from the con'siction. 4. Purt 1Shment prostitution, fl]A ny person over the age of eighteen yeiars who kncwingly lives, wholly or in part, on the earnings of -,he prostitution ol a woman or girl shall be punishable 'witl-r imprisonment for a te rm which may extetld to trvo become void date of thc on the edrmft sq r liui 5 years, or with fine which may extend to one thousand rupee s, or with both. (Z[Nhere any person is proved_ (clto be living with, or to be habitually in the company of, a prost itute; or (p)to have exercised control, direction or influencc over the movements of a prostitute in such a manner as to show that such person is aiding, abetting or compelling her prostitution; or lgfto be acting as a tout or pimp on behalf of a prostitute, it shall be presumed, until the contrary is proved, thaL such person is knowingly living on the earnings of prostitution of another person wirhin the meaning of sub-section (1):provided that 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. Procurino. inducin or takins uoman or qirl for the sake ofo rostitution. lLfAny person who- lqfprocures or attempts to procure a woman or girl, whether with or without her consent, for the purpose of prostitution; or @finduces a woman or girl to go from any place, with the intent that she may for the purpose of prostitution become the inmate of, or frequent, a brothel; or {qftakes or attempts 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 ftlfcauses or induces a woman or girl to carry on prostitution; shall be punishable on hrst conviction 6 { I with rigorous imprisonment for a term of not less tiran one yezrr and not more than two years and also v'ith hne u-hich may extend to t$'o thousand rupees @)In t.hc event of a second or subsequenL convictiorl of an offencc under this section a person shall be punishable u,ith rigorous imprisonment for a tern of not lerss than tr,l'o years and not more than five ycars and also with hne which may extend to tu'o thousand rupees p-fArr off,:nce under this section shall be triable- /qfin lhe place from which a woman or girl is procured, induced to go, taken or caused to be taken or from which ar attcmpl to procurc or take such womall or girl is m'lde; or /Elin the place to which she may have gone as a result of thr: ir:.duccment or to r.'"'hich she is taken or cartsed to be tal:en or an attcmpt to take her is made

10. The Sections 3,4 and 5 of the Act deals u'ith regard to punishment for keeping a brothel or allowing premises to be used as a ltrothel, 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 a,llegations aga.Lnst the petitioner that he is running brothel, or he is living on the earnings of prostitution, or he procured girl for doing prostit-utron. In the present case on hand, as per the case of prosecution. the sole allegation against petitioner-accused No.2 is that he is a customer. Therefore, the allegation against 7 F not constitute the offences under Sections 3' the petitioner does 4 and 5 of the Act' 1 1. As seen from the entire case record' including the contents of FIR, the victim disclosed that the petitioner is a customer and she clearly stated that she joined brothel house and given her willingness to do sex with the customers and she collected money from the petitioner herein' Furthermore' there is no allegation in the FIR that the petitioner herein had knowledge aodf or the reason to believe that the womarl was trafficked for the purpose of prostitution' Therefore' the ingredients required to constitute the offences under Section 144 of BNS (Previously 370(A) of IPC) are not made out against the e t petltloner

12. In view of the above discussion arrd having considered. the fact that the petitioner-accused No'2 had no knowledge that the woman was trafficked for the purpose of prostitution, this Court is of the considered view that the continuation of the proceedings against petitioner-accused No'2 amounts to abuse of process of law' therefore' the proceedings against the petitioner-accused No'2 are liable to be quashed'

13. Accordingly, this Criminal Petition is allowed and proceedings against the petitioner-accused No'2 in crime --'---<t-::.t''l|lI 8 No.968 of 2O2'l on the file of the Station House' Officer' Bachupally Police Station, Cyberabad' are hereby quashed' As a sequel, pending miscelianeous applications' if any' shall stand closr:d \ To ,/TRUE COPY/' AsslsrAiflRt'G:sffi1 / (\ I 'SECTION OFFICER , gitgHs*ltlidffi ,.5f.-*il,U;;;#:1 . g*"gtS ['*Y'l tno*-r KUMAR' Advocate toPUCl 5. Two CD CoP es PR L5 HIGH COURT DATED:0810112025 ORDER CRLP.No.16216 ot 2024 1 e STATT o 'it25 3 0 'rirN ( ) \'J 7 L .t Jr .t pal ct ALLOWING THE CRL.PETITION @)c'iq g