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2020 DIGILAW 1912 (KAR)

Rita Christopher v. State Of Karnataka

2020-09-30

B.A.PATIL

body2020
JUDGMENT B.A. Patil, J. - This petition has been filed by the petitioners/accused Nos.2 to 5 under Section 439 of Cr.P.C to release them on bail in Crime No.83/2020 of Bagalur Police Station, Bengaluru (pending on the file of the Civil Judge and JMFC, Devanahalli), for the offences punishable under Section 14 of Foreigners Act and Section 12 of Passport Act. 2. I have heard the learned counsel Sri.K.S.Vishwanatha for the petitioners/accused Nos.2 to 5 and learned HCGP Sri.Mahesh Shetty for the respondent- State. 3. The case of the prosecution in short is that on 4.8.2020 at about 6 a.m, a credible information has been received by the CCB police, Bangalore that some foreign nationals without any passport and visa are overstaying. Immediately at about 7.30 a.m, they went to the place and they saw 5 to 6 foreign nationals standing on the road and when they made an enquiry, they revealed their names and addresses but were not having any passport or visa and their stay has already been expired and they were overstaying at Bengaluru and Hyderabad. On the basis of the report, a case has been registered. 4. It is the submission of the learned counsel for the petitioners/accused Nos.2 to 5 that petitioner/accused No.2, petitioner/accused No.4 are native of Nigeria, petitioner/accused No.3 and petitioner/accused No.5 are native of Guine Bissau and they have come to India under valid visa and passport but on 4.8.2020, they have been apprehended by the police for overstaying. It is further submitted that visa which has been issued for their stay in India has been expired, they have approached their Embassy for extension of the visa from FRRO but they could not contact. It is further submitted that due to pandemic COVID-19, they could not receive the extension of visa, intentionally they have not committed any offence. It is further submitted that the alleged offences are not punishable with death or imprisonment for life. It is his further submission that the petitioners/accused Nos.2 to 5 have not involved in the case of moral turpitude or crime against the society. Therefore, they are ready to abide by the conditions imposed by this court and ready to offer sureties. He relied upon the decision of the Co-ordinate Bench in Criminal Petition No.6167/2018 dated 16.08.2018 in the case of Qamildeen Vs. State of Karnataka. Therefore, they are ready to abide by the conditions imposed by this court and ready to offer sureties. He relied upon the decision of the Co-ordinate Bench in Criminal Petition No.6167/2018 dated 16.08.2018 in the case of Qamildeen Vs. State of Karnataka. It is his further submission that after release of petitioners/accused Nos.2 to 5, detaining them in a detention center till further orders is going to violate Article 21 of the Constitution of India. It is his further submission that only because of a specific reason beyond control the visa has not been extended. On these grounds, he prayed to allow the petition and to release them on bail. 5. Per contra, learned HCGP vehemently argued and submitted that when the CCB police enquired with petitioners/accused Nos.2 to 5, they were not having any valid passport or visa and that they were overstaying in India after expiry. It is his further submission that several guidelines have been issued with regard to the release of foreign nationals on bail and if at all the petitioners/accused Nos.2 to 5 have been released on bail, they should be kept in a detention center or till further orders of the court or till they are deported to their mother country. In order to substantiate the said contention, he has relied upon the decision of the Co-ordinate Bench in Babul Khan Vs. State of Karnataka dated 19.05.2020 in Criminal Petition No.100601/2020 . On these grounds, he prayed to dismiss the petition. 6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records. I have given my thoughtful consideration to the decisions given by the Co-ordinate Bench. 7. Admittedly, the petitioners/accused Nos.2 to 5 have not produced any passport or visa before the Investigating Agency, that itself goes to show that they are overstaying in India. Even during the course of arguments, the learned counsel for the petitioners/accused Nos.2 to 5 has not submitted that they are having any valid visa or passport. 8. Taking into consideration the submissions and on perusal of the records, it is found that the alleged offences are not punishable with death or imprisonment for life and even no serious allegations have been made as against petitioners/accused Nos.2 to 5 to show that they have involved in cases of moral turpitude or crime against the society. 8. Taking into consideration the submissions and on perusal of the records, it is found that the alleged offences are not punishable with death or imprisonment for life and even no serious allegations have been made as against petitioners/accused Nos.2 to 5 to show that they have involved in cases of moral turpitude or crime against the society. It is the specific contention of the petitioners/accused Nos.2 to 5 that they have applied for extension of visa and because of pandemic COVID-19, they could not receive extension of visa and as such, they are overstaying. Even on going through the various aspects of the matter and because of this COVID-19 that many persons are overstaying because of non-availability of flights and non-extension of visa and passport. Under the peculiar facts and circumstances, I am of the considered opinion that if by imposing some stringent conditions, if the petitioners/accused Nos.2 to 5 are ordered to be released on bail, it is going to meet the ends of justice. 9. In the light of the discussions held by me above, the petition is allowed and the petitioners/accused Nos.2 to 5 are ordered to be released on bail in Crime No.83/2020 of Bagalur Police Station, Bengaluru (pending on the file of the Civil Judge and JMFC, Devanahalli), for the offences punishable under Section 14 of Foreigners Act and Section 12 of Passport Act, with following conditions: i) The petitioners/accused Nos.2 to 5 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) each with two local sureties for the likesum to the satisfaction of Trial Court. ii) The competent authority under the Foreigners Act is hereby directed to impose certain restrictions on the movements of the petitioners/accused Nos.2 to 5 by taking a bond with or without sureties for the observance or an alternative to enforcement of any of the prescribed or specific restrictions or conditions to control their movements and that they have to take necessary visa or passport within a period of two months and thereafter, they have to live in accordance with law. iii) Petitioners/accused Nos.2 to 5 shall not tamper with the prosecution evidence directly or indirectly. iv) They shall not leave the jurisdiction of the Court without prior permission. If they violate any one of the conditions, respondent- Police is at liberty to move for cancellation of the bail.