IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL BETWEEN:
Syed Ilyas CRIMINAL PETITION No.8785/2018 S/o Sayed Noor Aged about 41 years Residing at No.90, Shikari Palya, Anekal Taluk Bengaluru District-560 100.
(By Sri Sirajuddin Ahmed, Advocate for Sri P.Prasanna Kumar, Advocate) AND:
State of Karnataka By Hebbagodi Police Station Bengaluru Sub-Division Represented by State Public Prosecutor High Court Building Dr. B.R. Ambedkhar Veedhi Bengaluru-560 001.
(By Smt. Namitha Mahesh B.G., HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.429/2018 of Hebbagodi Police Station, Bengaluru City, for the offences punishable under Sections 14A and 14C of Foreigners Act, 1964 and Section 212 of Indian Penal Code.
This Criminal Petition coming on for Orders this day, the Court made the following:-
O R D E R The present petition has been filed by the petitioner/ accused No.5 under Section 438 of Cr.P.C. to release him on anticipatory bail in Crime No.429/2018 of Hebbagodi Police Station for the offences punishable under Sections 14A and 14C of Foreigners Act, 1946 and Section 212 of Indian Penal Code.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The gist of the complaint is that on 21.10.2018 the complainant along with his staff were on their way to police station, at about 1.00 p.m. they noticed two persons moving suspiciously and on enquiry they revealed that they are citizens of Bangladesh and they were not having any valid Visa or Passport and they have illegally entered into the territory of India. It is further stated that with the help of one Ajool Sheikh/accused No.4 they came from West Bengal to Hoolimangala Grama, near Bengaluru and stayed in the open field and worked as ragpickers. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that already accused Nos.1 to 4 have been released on bail and on the ground of parity the petitioner/accused is also entitled to be released on bail. The only allegation which has been made as against the petitioner is that he harboured the remaining accused persons and has given the shelter. The alleged offences are not punishable with death or imprisonment for life and he is ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petition and to release the petitioner on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused is absconding and was not available for investigation or interrogation. He is the main person who has given shelter to the remaining accused persons knowing fully well that they were not holding valid Visa and Passport. The petitioner/accused is not entitled to be released on anticipatory bail. Hence, she 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.
7. On close reading of the records it clearly shows that, already accused Nos.1 to 4 have been released on bail. The only allegation which has been made as against the petitioner/accused is that he has given shelter to the foreigners, knowing fully well that they are not having holding any valid Visa or Passport. The alleged offences are not punishable with death or imprisonment for life. I feel that if by imposing some stringent conditions, if the petitioner/accused is ordered to be released on anticipatory bail, it is going to meet the ends of justice.
8. In the light of the discussions held by me above, the petition is allowed and petitioner/accused No.5 is ordered to be released on anticipatory bail in Crime No.429/2018 of Hebbagodi police station for the offences punishable under Sections 14A and 14C of Foreigners Act, 1946 and Section 212 of Indian Penal Code, subject to the following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
ii) He shall surrender before the Investigating Officer within 15 days from today.
iii) He shall not tamper with the prosecution evidence directly or indirectly.
iv) He shall mark his attendance in the jurisdictional police once in 15 days between 10.00 A.M. and 5.00 P.M. till the trial is concluded.
v) He shall not leave the jurisdiction of the Court without prior permission.
vi) He shall not indulge in similar type of criminal activities.
Sd/- JUDGE *AP/-