The High Court · 2025

Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to quash the proceedlngs of Crime. No. 1109 ol 2024 on the file of Police Station KPBH Colony, Cyberabad for offences under sections 143 BNS, 144 BNS and 3,4,5 of PITA. l.A NO: 2OF 2024 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to stay all proceedings in Crime. No. 1 109 of 2024 on the file of Police Station KPHB Colony, Cyberabad for offences under sections 144 BNS and 3,4,5 of PITA. 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 the Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent. The Court made the following: ORDER # + / I THE HONOUITAI}LE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.16 446 of2024 o RDER: . This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023' (for short 'B'N'S'S') by the petitioner-accuscd No 4 to quash the proceedings against him in FIRNo.]109o12()24olP.S.KPHBColony,Cyberabad.The offences alleged against the petitioner are under Sections 143 and 144 of the Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS') and Sections 3, 4 and 5 of the Immoral l'raffic (Prevention) Act, 1956 (for short 'the Act').

02. Heard Sri K'Shanti Kumar' learned counsel for petitioner and Sri Jithender Rao Veeramalla' learned Additional Public Prosecutor for the respondent - State and perused the record'

03. In brief, the case o1'the prosecution is that the Police' KPHB Police Station received credible information about running of brothel house and raiclcd lllue Star Saloon and Spa, LIG-597, Road No.3, KPHB and lbund petitioner-accused No.4 at thc said brothel house in the capacity of 'customer ')

04. Learned counsel for the petitioner would submit that though the petitioner is innocent, he was falsely implicated in the subject crime. The victim woman who was found in the premises .was not a trafficked woman a,d 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 petitioner.

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 alregations leveiled 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. In view of the above facts and circumstances of the case, it is relevant to extract the provision under Section 143 of BNS (previously 370 of IpC): '143. TrafJicking of a person: (t)Whoever, for the purpose of exploitation, (a) recruils, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or persons, by_ EAfu- using threars, or Secondl Thirdl using.force, or any other form ofcoercion, or by abduction, or 3 by practising fraud, or deception, or Fourthl Efllly- by abuse ofPower, or SEIIU- 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, transported' harboured, transferrecl or received, comntits the offence of trffic king. nation l- The express ion "explo itation" shalL include Expla ony acl of physicat exploitation or ony form oJ sexual exploitation, slavery or practices similar to slavery, servitude' or the forced removal oforgans. Explanalion 2- The consent of the victim is immalerial in determination o.f the offence of trafficking' (2)Whoever commits the offence of traffrcking shall be punishetl with rigorous imprisonment for a term which shall not be less than seven years, but which may exlend to ten years, and shall also be liable to Jine. (3)Ilhere the offence involves the traJficking of more than one person, it shall be punishable tuith rigorous imprisonment for a term which shall not be less than ten years but which may exlend to imprisorunent for lLfe, and shall also be liahle to Jire. (4)Where the offence involves the trafficking of a minor' it shatl be punishable with rigorous imprisonment fot a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine' (!)llthere the offence invobes the trfficking of more than one minor, it shatt be punishable with rigorous imprisonment for a term which shall not be less than fourteen years, but which may extend to imprisonment for life, and shall also be liable to fine. (6)lf a person is cot:icted of the oJfence of trafficking of mi.nor on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonmenl for the remainder of that person's natural life, and shall also be liable to Jine Q)When a public servant or a police ofiicer is involved in the trfficking of an1, person then, such public servant or police oJficer shatl be punished with imprisonment for life, which 4 shall mean imprisonment for the remainder of that person,s natural life, and shall e so be liable to fine. "

07. Section 144 of BNS (previously 370(.4.) of IpC reads as under: Exoloil'ation of a trafficked person (l)Whoever, knowingly or having reoson to believe that a minor has been trofficked, engoges such minor for sexual exploitation in any monner, shatl be punished with rigorous imprisonment for a term which shall not be less than five years, but which may exten.d to seven years, and shall also be liable to fine. (2)Whoever, knowingly by or having reoson to believe thar a person has been trafficked, engages such person for sexlual exploitation in any manner, shall be punished with rigorous imprisonment for a term whiclt shall not be less than three years, but which may extend b rtve years, and shall also be liable to fine.

08. To invoke the provision of law under Sections 143 and 144 of BNS (Previously 370 and 370(A) of IpC), there should be proofto show that trafficking ofa person and engagement ofsuch person for sexual exploitation by any one, knowingly or having reason to believe that such person has been trafficked. So, it is for the prosecution to bring on record the evidence that there is a reason inter alia to believe that the victims are trafficked by engaged persons for sexual exploitation. In the present case, since no material is produced by the prosecution to prove that the victim 7', f I 5 woman was trafficked, she was engaged for sexual exploitation and as the petitioner had no knowledge that the victim woman was trafficked lor the purpose of prostitution, the proceedings against the petitioner for the oll-ences under Sections 143 and 144 of BNS (Previously 370 and i70(A) of IPC), are liable to be quashed.

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

3. Punishment for keepinp t brolhel or allowinq premises lo be userl as t brollrel. (l)Any person v,,lto keeps or manages, or acls or assists in lhe kecping or monogement of, a brothel shall be punishable on Jirst convictiotr v,ilh rigorous imprisonment for a term of nol less lhan one year and not more than three years and also with fine whiclt may extend to huo thousand rupees and in the event of a second or subsequent conyiclion, with rigorous impr isonment /br a term of not less thon tu)o years and not more than fve ),ears ancl also with Jine which moy exte'nd lo two thousand ru pees. (/)Any person who- (g)being the l(t1ant, lessee, occupier or person in charge of an1., prentises, uses, or htowingly allows any other person to sue, such premi.ses or an1, part thereof as a brothel, or Q)being the oy:ncr, lessor or landlord of any premises ttr the agent of suclt owner, lessor or landlord, lets lhe same or any part lhereoJ yilh lhe knowledge that the some or ory) part tlrcreof is intertde,l to be uscd as a brothel, or is wilftlly a a 6 party to the use of such premises or any part thereof as a brothel. Shall be punishable on first conviction with imprisonment for a term which may extend to two years and with fine which may extend to rwo lhousand rupees and in .the event of a second or subsequent conviction, with rigorous imprisonment for a term which may extend b rtve years and also withfine. Q)Notwilhstanding anything contained in any other law for the time being in force, otx conviction of any person referred to in clause (a) or clause (b) of sub_section (2) of any offence under that sub-section in respect of any premises or any part thereof any lease or agreement under which such premises have been leased out or are held or occupied at the time of the commission of the offence, shall become void and inoperative with effect frorn the date of the said conviction. 4. Punishm enl r livins on the earninp S Of Droslilulion. (!)Any person over the age of eighteen years who knowingty lives, wholly or in part, on the earnings of the prostitution of a woman or girl shall be punishoble with imprisonment for a term which may extend to two yeafs, or with fine which moy extend to one thousand rupees, or with both. (!)llrhere any person is proved- fo)to be living with, or to be habitually in the company of a prostitute; or (!)to have exercised control, tlirection or inJluence over the movements of a prostitule in such a manner os to show that such person is aiding, abetting or compelling her prostitution,. or klo be acting as a tout or pimp on behatf of a prostitute, it shall be presumed, until the contrary is proved, that such 7 person is howingl.y living on the earnings of proslitution of anotlrcr person within the meaning of sub-section (l).Provided tlrut no such presumption shall be dratyn in the ca.se of o .ton or daughter of a prostitute, if the son or dqughter is below the age of eighteen year.r. 5. Procu ring, inducine or lokingwoman of sirl ofprost'itution. lhe sake 0)Any person who- (g)ltrocures or afiempts to procure a,woman or girl, whether tttitlt or v,ithout her consent, for the purpose of prostitution,. (b) induL c.t o tyomen or gir.l to go from any place, with the intent thot she ma1,/br fhe purpose ofprostitulion become the intnote o.f , or.l).equenl, a brothel; or (cltake.t or ottempts to lake o woman or girl, or causes o 'wontan or gir.l to be token, from one place to another with a vieh to her carrying on, or being broughf up b corry on proslitution,.or (g!)couscs or induces a woman or girl to carry prostitutiotl; sholl be ltunishable on firit conviction rtgorous intprisonntent for o term of not less lhan one yeor antl not tore thon hL,o .veors and also with rtne which may extend to two thousarul rupees. Qln the event of a second or subsequent conviction o/.an oJfe nce urtder this section a person shalt be punishabte with rigorous inprisonntent for o term of not less than t$,o years and not more tktn fit,e year"- and also wilh rtne which may exterul to two tltou.\.anal rupees. e ili=, .) Q)An offence under this section shall be triable- fo)in the place from which a woman or girl is procured, induced to go, taken or caused to be laken or from which an attempt to procure or lake such woman or girl is made,. or (!)in the place 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 pros.titution; 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. In the present case on hand, as per the case of prosecution, the sole allegation against the petitioner-accused No.4 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. -{ 7 a 9 1 l. In vieu. of the aforesaid discussion, the proceedings against the peririoner-accused No.4 in FiR No.lr09 of 2024 of p.s. KPHB Colony, C_r,berabad, are hereby quashed.

12. Accordingly, this Criminal petition is allowed As a sequel, pending miscellaneous applications, if any, shall stand closed. Sd/. V. HARI PRASAD ASSISTANT REGISTRAR I //TRUE COPY// SECTION OFFICER To,

1. The lV AJCJ Cum XV AMM Metropolitan Magistrate Kukatpally Cyberabad' 2. The Station House officer Police Station KPHB Colony' Cyberabad 3. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)

4. One CC to SRI K SHANTI KUMAR' Advocate [OPUC] 5. Two CD Copies GS/DL (k i I Ha S r.r/€ ]J t l 01 i'l .i. 2c25 ( a I .^ c, \ .,,arC HIGH COURT DAIED:2O10112025 ORDER CRLP.No.16446 ol 2024 CRIMINAL PETITION ALLOWED