Suresh S/O Hariyappa Shetty v. The State Of Maharashtra

Diksha Rane 915 ABA 537-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 537/2025 SURESH S/O HARIYAPPA SHETTY ..APPLICANT VS THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Khyati Shah for applicant.

Mr. Avinash A. Naik, APP for State.

PI Sanjay Pujari, Kashigaon Police Station (M.B.V.V.). ------------ CORAM : RAJESH S. PATIL, J.

DATE : FEBRUARY 27, 2025.

P.C. :

1.

In the present proceeding the victim is minor, hence, the applicant is directed to add the victim as party respondent no.2 and the name of the victim should be masked.

2.

Amendment to be carried out forthwith. The learned counsel for the applicant to serve the amended copy of the anticipatory bail application on the learned APP. The learned APP to serve the amended copy of the anticipatory bail application on the newly added respondent no.2 through I.O.

3.

The learned counsel for the applicant submits that whatever offence is alleged to have happened under the Immoral Traffic

Diksha Rane 915 ABA 537-2025.doc (Prevention) Act, 1956 as per the case of the prosecution in Hotel Daras Dhaba and/or in the Hotel Sai Residency. The present applicant is the owner of Hotel Aqua situated very near to both these Hotels. The applicant is in the business of hotel for last more than 18 years. Though there were the criminal antecedents reported against the applicant with regard to Hotel Aqua, the present applicant has been granted anticipatory bail by the Sessions Court in Criminal Bail Application No.2279/2024 by an order dated 22/1/2025. The scanned copy of the said order is reproduced herein below:-

Diksha Rane 915 ABA 537-2025.doc

Diksha Rane 915 ABA 537-2025.doc

Diksha Rane 915 ABA 537-2025.doc

Diksha Rane 915 ABA 537-2025.doc 4.

The learned APP on instructions of I.O. submits that Hotel Daras Dhaba is a place where the persons meet along with the victim and after the deal is final from there they moved on either to Aqua Hotel or to Sai Residency. Both Hotels are very near to Daras Dhaba. According to their information, both the hotels i.e. Aqua and Sai Residency are owned and/or conducted by the present applicant

Diksha Rane 915 ABA 537-2025.doc (Suresh Shetty). The learned APP further submits that in the earlier crime which is registered against the present applicant, the victim was aged 14 years. The said victim was forced into business of prostitution. The said victim consumed phenyl as she was threatened to be defamed by the present applicant and the accused therein. However, the learned Sessions Judge considering the fact in that matter granted protection to the present applicant. 5.

Since in the present proceedings it has been disputed whether the applicant has some connection with the hotel Sai Residency, the learned counsel for the applicant submits that she will inform on the next date of the hearing as to who are the owners of the Sai Residency and/or who are conducting business of Sai Residency (the names and addresses of such persons). The said information can be easily available with the present applicant since Hotel Sai Residency, Aqua Hotel and Daras Dhaba are very close to each other and as per the statement of the present applicant, he has been in the said business for last more than 18 years.

6.

Stand over to 3/3/2025.

(RAJESH S. PATIL, J.) Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 28/02/2025 16:47:11