IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8015/2019 BETWEEN:
MR.SHAMSHUDDEN I.H AGED 46 YEARS S/O. IBHRAHIM H R/AT. MOHAMMED MANZIL KADAMBODI, SURATHKAL MANGALURU, D.K.DISTRICT – 575 019 ... PETITIONER (BY SRI P.P.HEGDE, ADV.,) AND:
THE STATE OF KARNATAKA - THROUGH THE SUB-INSPECTOR OF POLICE (CRIME BRANCH) MANGALURU NORTH POLICE MANGALURU, DAKSHINA KANNADA DISTRICT (REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU – 560 001) …RESPONDENT (BY SRI ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.101/2019 OF MANGALURU NORTH POLICE STATION, MANGALURU CITY FOR THE OFFENCE P/U/S, 10, 24 OF IMMIGRATION ACT AND SEC.420 OF IPC, 1860.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard. Perused the records.
2. Petitioner is the sole accused in Cr.No.101/2019 of Mangaluru North Police Station, Mangaluru City registered by respondent-police for the offence punishable under Sections 10 and 24 of Immigration Act, 1983 (for short the ‘Act’) r/w 420 of IPC.
3. The First Information Report reveals that on credible information received by the respondent/police that the petitioner has been involved in collecting lot of money from the public at large, particularly from the aspirants who would like to go to foreign countries and further it is alleged that the petitioner neither returned the said money nor provided job in abroad to the applicants and committed the offence of cheating to the public at large. On the basis of such information, it appears that a suomoto complaint has been registered and the premises of the petitioner has been raided by the police and the police have collected some materials from the office of the petitioner i.e., several applications filed by the general public for employment in Abroad and also the cash receipts bearing seal of Fly King International Man Power Consultant, which institution is run by petitioner.
4. As rightly contended by the learned counsel for the petitioner that none of persons whose names find a place in the bills collected by the police in the petitioner’s firm have not filed any complaint against the petitioner making allegation that they were cheated by the petitioner. Further, learned counsel brought to the notice of this Court that Section 10 of the Act, is punishable under Section 24 of the Act, 1983. The said provision shows that the offence under Section 10 of the Act, shall be punishable with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees, provided that in the absence of any special and adequate reasons to the contrary to be mentioned in the judgment of the court, such imprisonment shall not be less than six months and such fine shall not be less than one thousand rupees. Further, learned counsel also drawn my attention that no case can be registered by respondent/police without previous sanction of the Central Government as per Section 27 of the Act and sought for allowing this petition.
5. Taking into consideration the above said submission and considering the nature of allegations and also the punishment prescribed under the above said act and all the materials which were there in the institution of petitioner has already been seized by the police, in my opinion the petitioner is not required for custodial interrogation in this case. Therefore, under the above said circumstances, the petitioner has made out a case for granting anticipatory bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.101/2019 of Mangalore North Police Station, Mangaluru City subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like- sum to the satisfaction of the concerned Investigating Officer/Jurisdictional Court..
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner 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 shall not leave the jurisdiction of Mangaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week ie, 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.
Sd/- JUDGE HJ