Malepati (Kona) Kumari , Geetha v. The State Of A.P.

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [Special Original Jurisdiction] TUESDAY THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND EIGHTEEN PRESENT Between:

Malepati [Kona] Kumari ...

Petitioner/A-1 in @ Geetha Cr.No. 220 of 2017 of Dwaraka Police Station, Visakhapatnam district.

V/s.

The State of Telangana Represented by the Public Prosecutor High Court of Judicature for the State of Telangana & Andhra Pradesh, Through Station House Officer, Dwaraka Police Station, Visakhapatnam district.

...

Respondent/complainant Andhra Pradesh State.

Counsel for the Petitioner :

Sri Raja Reddy Koneti Counsel for the Respondent :

Public Prosecutor [ AP ] The court made the following:

[order follows]

O R D E R :

This Criminal Petition is filed by the petitioner under section 438 Cr.P.C., seeking grant of anticipatory bail to the petitioner, who is A-1 in Crime No. 220 of 2017 of Dwaraka Police Station, Visakhapatnam district, registered for the offences punishable under section 3, 4, 5, 7 and 8 of Immoral Traffic Act and under section 370 [a] [2] of I.P.C.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent/State and perused the record.

3. As per the case of prosecution, this petitioner, who is A-1 in the above crime, is an organizer of brothel house and the said fact came to light from the statement of victims. It is also the allegation that this petitioner used to procure girls from different places for indulging in prostitution.

4. Considering the nature of allegations, this Court opines that it is not a fit case for grant of anticipatory bail to the petitioner. However, the Station House Officer, Dwaraka Police Station, Visakhpatnam City, is directed to follow the guidelines laid down by the Hon'ble Supreme Court in ARNESH KUMAR V/s. STATE OF BIHAR AND ANR ., vide judgment dated 02/7/2014 passed in Criminal Appeal No. 12777 of 2014 { Special Leave Petition [CRL.] No. 9127 of 2013 }, before arresting the petitioner.

5. In view of the above, this Criminal Petition is dismissed.

6. As a sequel, miscellaneous petitions if any, pending in this Criminal Petition shall stand closed.

_____________________ JUSTICE T. RAJANI.

30/01/2018 I s L

[ ANTICIPATORY BAIL :: DISMISSED ] Date: 30/01/2018 Circulation No.

Court Master: I s L