Mumbai, 20th January 2024 — In a significant ruling today, the Additional Sessions Judge, Dr. Gauri Kawdikar, granted bail to Prakash Pandurang Mane, a 26-year-old businessman, in connection with C.R. No. 876 of 2023, registered at Tilak Nagar Police Station. The accused faces charges under Sections 370(3) and 370-A of the Indian Penal Code (IPC), as well as Sections 3, 4, and 5 of the Immoral Traffic (Prevention) Act (ITPA), 1956, in a case related to alleged prostitution and human trafficking at a spa and salon in Mumbai.
Mane, who was arrested on 28th December 2023, applied for bail under Section 439 of the Code of Criminal Procedure (CrPC). His legal counsel, Mr. Santosh R. Pal, argued that his client had no role in the commission of the alleged offense and had neither facilitated prostitution nor profited from it. He further asserted that the charges under Sections 370(3) and 370-A of the IPC did not apply to Mane’s actions, emphasizing that the accused had no prior criminal record and was a permanent resident of Mumbai with deep social ties, reducing any risk of fleeing.
Court’s Hearing and Arguments
During the proceedings, the Addl. Public Prosecutor (APP), Mrs. Meera Choudhari-Bhosale, opposed the bail application, highlighting the severity of the charges and the early stage of the investigation. She pointed out that the medical examination of the victim was still pending and warned of potential risks, including tampering with evidence, influencing witnesses, or fleeing the jurisdiction. The prosecutor also raised concerns about the possibility of the accused repeating the alleged crime if granted bail.
However, the defense counsel contended that the victim had not confirmed being involved in sex work. In fact, during a Magistrate’s inquiry, the victim clarified that she was employed as a beauty therapist and not a sex worker. The victim also reported earning Rs. 20,000 per month and stated that she was not coerced into prostitution. This statement from the victim played a crucial role in the court’s decision to consider bail.
Key Developments in the Case
The FIR filed by the police indicated that secret information was received about illegal prostitution activities being carried out at Revera SPA and Saloon. Following the tip-off, a dummy customer was sent to the spa, paying a total of Rs. 5,000 — Rs. 2,500 for a massage, Rs. 500 for the masseuse, and another Rs. 2,500 to a woman involved in alleged prostitution. Demonetized currency notes from this transaction were recovered from Mane, the co-accused, and the victim, leading to the raid and rescue of the victim.
However, the Magistrate’s inquiry on 18th January 2024, revealed that the victim, who is an adult, denied any involvement in sex work. The inquiry report also noted that no force or coercion was detected regarding her employment in the beauty industry. These findings were pivotal in the court’s reasoning for granting bail, as it weakened the prosecution’s case against the accused.
Conditions Imposed for Bail
After reviewing the case, the court granted bail to Prakash Pandurang Mane under strict conditions to ensure cooperation with the ongoing investigation and trial:
- Police Station Attendance: Mane must attend the Tilak Nagar Police Station on the 1st and 3rd Saturday of every month from 10:00 a.m. to 11:00 a.m. until the charge-sheet is filed. Afterward, he must attend on the 1st Saturday of each month until the trial concludes.
- Restriction on Movement: Mane is prohibited from leaving the jurisdiction of Mumbai and Thane without obtaining prior permission from the court.
- Address and Contact Information: He must provide his current address and contact details to both the Investigating Officer and the court. Any change in his address must be immediately communicated.
- No Contact with the Victim: Mane is barred from contacting the victim directly or indirectly to ensure her safety.
- Non-Tampering with Evidence: The accused is required not to tamper with or attempt to influence any witnesses involved in the case.
- Cooperation with the Trial: Mane must cooperate fully with the trial proceedings.
Additionally, the bail was set at a bond of Rs. 25,000, with one or more sureties in the same amount. The prosecution retains the right to seek cancellation of bail if any of the conditions are violated.
Conclusion and Implications
This ruling comes amid ongoing concerns about illegal activities within the city, especially those related to human trafficking and prostitution. The case against Mane, as well as the co-accused, is still under investigation. While the court granted bail based on the lack of substantial evidence linking the accused to trafficking or coercion, it has also imposed stringent conditions to prevent any further alleged criminal activity.
The case is likely to remain under close scrutiny as the investigation continues, and further details may emerge during the trial. The ruling underscores the complexity of handling cases involving serious charges and the balance that must be maintained between protecting the rights of the accused and ensuring justice for the victims involved.
