IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 4558/2019 BETWEEN SASIKUMAR MARKKANDU S/O K. MARKKANDU AGED 35 YEARS, R/AT NO. 120, 15TH STREET CHAKRAPANI NAGAR MADHURAVAYOOR CHENNAI – 500 095 ... PETITIONER (BY SRI. RAVISHANKAR T.P, ADVOCATE) AND STATE OF KARNATAKA BY STATION HOUSE OFFICER BENGALURU INTERNATIONAL AIRPORT LTD., POLICE STATION BENGALURU CITY – 560 076 REP BY THE LEARNED SENIOR PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 …. RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.49/2019 OF BIAL P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 420, 465, 471 OF IPC AND SECTION 12(1A),12(A),12(B) OF PASSPORT ACT AND SECTION 7(2) OF FOREIGNERS ORDER RULES.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner (A1) and the learned HCGP appearing for the respondent- State. Perused the records.
2. Petitioner is arraigned as Accused No.1 in Crime No.49/2019 registered against him for the offences punishable under Sections 12(1A), 12(A), 12(B) of Passports Act, 1967; under Sections 7(2) of Foreigners Order Act, 1948; under Section 14 of Foreigners Act, 1946; and Section 420, 465, 471 of IPC, which is now pending on the file of Civil Judge and Judicial Magistrate First Class Court, Devanahalli.
3. The allegations made against the petitioner (A1) are that, on 4/5th of June 2019 when the petitioner has produced certain documents to the Immigration Officer for Clearance, at the time of enquiry, the Immigration Officer found that the petitioner is the Citizen of Srilanka and he has come to India and created certain documents like Addar Card and other documents to show that, he is the citizen of India and on that ground, he has obtained Passport and VISA in order to travel to Hungary. On these allegations, the police have registered a case and investigated the matter, and thereafter, they have arrested the petitioner (A1) and produced him before the jurisdictional Magistrate, and at present he is in judicial custody.
4. Looking to the above said circumstances, in my opinion, during the course of trial, it has to be established that the petitioner (A1) is not the citizen of India and he has created and concocted the said documents. It appears the original documents have already been seized by the police in connection with this case. Therefore, I do not find any strong reason at this stage to reject his bail petition, as the offences alleged against the petitioner (A1) are not punishable either with death or life imprisonment. Hence, the following: -
ORDER The petition is allowed. Consequently, the petitioner (A1) shall be released on bail in connection with Crime No. 49/2019 of Respondent-BIAL Police Station, for the aforesaid offences, now pending before the Court of Civil Judge and JMFC, Devanahalli, subject to the following conditions:-
i) The petitioner (A1) shall surrender himself before the Investigating Officer within 10 days from the date of receipt of a copy of this order and he shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like- sum to the satisfaction of the Investigating Officer.
ii) The petitioner (A1) shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner (A1) shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner (A1) shall not leave the jurisdiction of the concerned Trial Court without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner (A1) shall mark his attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
KGR* Sd/-
JUDGE