Golasani Krishna And Another v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.5569 OF 2022 ORDER:

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioners who are arrayed as Accused Nos.2 and 3 in Crime No.785 of 2022 on the file of Station House Officer, Vanasthalipuram Police Station, Rachakonda registered for the offence punishable under Section 370(A)(2) of Indian Penal Code and Section 3(1)(2)(a), 4, 5(1)(a) and 7 of PIT Act. 2.

Heard learned counsel for the petitioners/Accused Nos.2 and 3 and learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3.

The facts of the case are that the petitioners are alleged to have assisted Accused No.1 in running a Saloon and Spa in a premises at Vanasthalipuram. In the garb of running Saloon and Spa, the Accused No.1 and these petitioners are running prostitution racket. At the time of raid Accused No.1 was not present and these two petitioners were arrested.

4.

Learned counsel for the petitioners submitted that in Crl.Petition No.5243 of 2022 filed by Accused No.1, this Court had disposed off the same directing the concerned police to follow the procedure prescribed under Section 41-A Cr.P.C. 5.

Learned Assistant Public Prosecutor submits that the petitioners cannot be released on bail for the reason of running prostitution racket. However, admits that there are no other criminal cases pending against these petitioners. 6.

In the said circumstances, when the seizures were already effected and there are no other cases pending against these petitioners who according to the remand report were assisting Accused No.1, the petitioners/Accused Nos.2 and 3 can be granted bail subject to conditions.

7.

Accordingly, the Criminal Petition is allowed and the petitioners/Accused Nos.2 and 3 are granted bail subject to the following conditions:

i) The petitioners/Accused Nos.2 and 3 shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties for a like sum each to the satisfaction of Sessions Judge, Ranga Reddy District at L.B.Nagar. ii) The petitioners/Accused Nos.2 and 3 shall appear before the concerned Station House Officer on every Monday between 10.30 AM and 01.00 PM for a period of three (03) months or until filing of charge sheet whichever is earlier.

iii) In the event of these petitioners indulging in any similar activities, the prosecution is at liberty to move for cancellation of bail granted to these petitioners/Accused Nos.2 and 3. iv) The petitioners/Accused Nos.2 and 3 shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C. Miscellaneous applications, pending if any, shall stand closed. _____________ K.SURENDER, J Date: 05.07.2022 ns