Mumbai, January 20, 2024 – Prakash Pandurang Mane, the manager of Revera SPA and Saloon, has been granted bail by the Sessions Court in Mumbai. Mane was arrested in connection with Crime No. 876/2023, registered at Tilak Nagar Police Station, for offenses under Sections 370(3) (trafficking of a minor) and 370-A (exploitation of a trafficked person) of the Indian Penal Code (IPC), as well as Sections 3, 4, and 5 of the Immoral Traffic (Prevention) Act, 1956 (ITPA).

The Allegations

According to the prosecution, secret information was received indicating that prostitution was being carried out at Revera SPA and Saloon. A dummy customer was sent to the SPA, and during a subsequent raid, the victim was rescued. Cash payments made by the dummy customer were recovered from Mane, co-accused, and the victim.

Mane’s Defense and Arguments

Mr. Santosh R. Pal, representing Mane, argued that his client had no role in the alleged offenses. He stated that Mane did not procure any girls for prostitution, did not receive any earnings from prostitution, and was not living off such earnings. He argued that the offenses under Sections 370(3) and 370-A of the IPC were not applicable. Mane has no criminal record, is a permanent resident of Mumbai, and was arrested on December 28, 2023. He expressed willingness to abide by all court conditions.

Prosecution’s Objections

Mrs. Meera Choudhari-Bhosale, the Additional Public Prosecutor (APP), opposed the bail application, citing the seriousness of the offense, the preliminary stage of the investigation, and the need for a medical examination of the victim. She expressed concerns about Mane tampering with evidence, absconding, and repeating the crime.

Court’s Observations and Decision

Additional Sessions Judge Dr. Gauri Kawdikar considered the submissions and the documents on record. The court noted that the FIR was based on information about prostitution at the SPA. Crucially, the court also reviewed the order passed by the Metropolitan Magistrate, Special Court for ITPA, in which the victim stated that she was working as a beauty therapist earning Rs. 20,000 per month and that no force or coercion was used to compel her into sex work. The victim is also an adult.

“But when the victim herself in her statement to the Magistrate has stated that she did not indulge into any sex work but was working as beautician and that she is a major; continued incarceration of the accused is not required,” Judge Kawdikar stated in the order.

The court observed that the victim’s statement to the Magistrate, coupled with the fact that she is an adult, indicated that the continued detention of Mane was not necessary. The court also noted that Mane had no criminal antecedents and was a permanent resident of Mumbai.

“Statement of the victim under section 164 of the Code of Criminal Procedure, 1973 and spot panchanama is drawn. The accused does not have any criminal antecedents and is permanent resident at Mumbai. Thus, there is no possibility of absconding or fleeing from justice,” Judge Kawdikar stated.

The court granted bail to Mane, subject to conditions to ensure his presence, prevent tampering with evidence, and protect the victim.

Bail Conditions

Mane was granted bail on a personal bond of Rs. 25,000 with one or more sureties of the same amount. The court imposed the following conditions:

• Mane must attend Tilak Nagar Police Station on the 1st and 3rd Saturday of every month until the filing of the charge sheet, and thereafter on the 1st Saturday of every month until the conclusion of the trial.
• He must not leave the jurisdiction of Mumbai and Thane without the court’s permission.
• He must provide his current address and telephone numbers to the Investigating Officer and the court.
• He must inform the Investigating Officer and the court of any change in his address.
• He must not tamper with or attempt to influence any person concerned with the case.
• He must cooperate in the conduct of the trial.
• He must not contact the victim directly or indirectly.
• Breach of any condition may lead to cancellation of bail.
• Bail before the Ld. Metropolitan Magistrate’s Court.

Key Points

• Victim’s Statement: The court relied heavily on the victim’s statement to the Magistrate, which contradicted the allegations of forced prostitution.
• Lack of Coercion: The Magistrate’s inquiry found no evidence of force or coercion.
• Adult Victim: The victim is an adult, capable of making her own decisions.
• No Criminal Record: Mane has no prior criminal record.
• Permanent Resident: Mane is a permanent resident of Mumbai.
• ITPA and IPC: The case involved offenses under the Immoral Traffic (Prevention) Act and the Indian Penal Code.
• Manager of SPA: The accused was the manager of the SPA where the alleged activity happened.