Karnataka High Court
Qamildeen vs State Of Karnataka By on 16 August, 2018
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF AUGUST, 2018
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION No.6167 OF 2018 C/W
CRIMINAL PETITION No.6168 OF 2018,
CRIMINAL PETITION No.6169 OF 2018,
CRIMINAL PETITION No.6170 OF 2018
In Crl.P.No.6167/2018
BETWEEN
Qamildeen,
S/o. Aleem,
Aged about 39 years,
R/at BDS Layout,
Hegde Nagar,
Bangalore-560021.
Native of Republic of Guinea.
...Petitioner
(By Sri. Hashmath Pasha, Advocate)
AND
State of Karnataka by
Sampigehalli Police Station
Bangalore City,
Rep. by the learned
State Public Prosecutor,
High Court Building,
Bangalore-560001.
...Respondent
(By Sri. Chetan Desai, HCGP)
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This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to enlarge the petitioner on bail in Crime
No.194/2018 (C.C.No.20350/2018) of Sampigehalli Police
Station, Bangalore City for the offence punishable under
Section 7(2) of Foreigners order read with 12(c) of
Passport Act and Section 14 of Foreigners Act.
In Crl.P.No.6168/2018
BETWEEN
Abdul Majeeb Hussen,
S/o. Hussen,
Aged about 39 years,
R/at BDS Layout,
Hegde Nagar,
Bangalore-560021.
Native of Republic of Guinea.
...Petitioner
(By Sri. Hashmath Pasha, Advocate)
AND
State of Karnataka by
Sampigehalli Police Station
Bangalore City,
Rep. by the learned
State Public Prosecutor,
High Court Building,
Bangalore-560001.
...Respondent
(By Sri. Chetan Desai, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to enlarge the petitioner on bail in Crime
3
No.198/2018 (C.C.No.20345/2018) of Sampigehalli Police
Station, Bangalore City for the offence punishable under
Section 7(2) of Foreigners order read with 12(c) of
Passport Act and Section 14 of Foreigners Act.
In Crl.P.No.6169/2018
BETWEEN
James N.C.,
S/o. Nwagbara,
Aged about 39 years,
R/at Suryodhaya Layout,
Hegde Nagar,
Bangalore-560021.
Native of Nigeria Country.
...Petitioner
(By Sri. Hashmath Pasha, Advocate)
AND
State of Karnataka by
Sampigehalli Police Station
Bangalore City,
Rep. by the learned
State Public Prosecutor,
High Court Building,
Bangalore-560001.
...Respondent
(By Sri. Chetan Desai, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to enlarge the petitioner on bail in Crime
No.195/2018 (C.C.No.20344/2018) of Sampigehalli Police
Station, Bangalore City for the offence punishable under
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Section 7(2) of Foreigners order read with 12(c) of
Passport Act and Section 14 of Foreigners Act.
In Crl.P.No.6170/2018
BETWEEN
Oliver Nwapka,
S/o. Nwapka,
Aged about 30 years,
R/at BDS Layout,
Hegde Nagar,
Bangalore-560021.
Native of Nigeria Country.
...Petitioner
(By Sri. Hashmath Pasha, Advocate)
AND
State of Karnataka by
Sampigehalli Police Station
Bangalore City,
Rep. by the learned
State Public Prosecutor,
High Court Building,
Bangalore-560001.
...Respondent
(By Sri. Chetan Desai, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to enlarge the petitioner on bail in Crime
No.197/2018 (C.C.No.20345/2018) of Sampigehalli Police
Station, Bangalore City for the offence punishable under
Section 7(2) of Foreigners order read with 12(c) of
Passport Act and Section 14 of Foreigners Act.
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These Criminal Petitions coming on for orders this
day, the court made the following:
ORDER
All these petitions are disposed of by a common order. The allegations found against the petitioners are that they have over stayed in India after expiry of the visa period. It is submitted that the petitioners have applied for renewal of visa through Embassy of their country and it is still under process.
2. After hearing both the sides, it is to be noted here that the petitioners are not involved in the case of moral turpitude or a crime against Society. The only allegation found is that even after expiry of visa period, they have over stayed. Therefore necessary action can be taken against them if at all they have intentionally over stayed in India. However pending trial, bail cannot be denied. Hence the following:
ORDER i. Petition is allowed.6
(b) Petitioners shall be released on bail in connection with Crime No. 194/2018(Crl.P.6167/2018), Crime No. 198/2018 (Crl.P.6168/2018), Crime No.195/2018 (Crl.P.6169/2018) and Crime No.197/2018 (Crl.P.6170/2018) registered by Sampigehalli Police Station, Bengaluru on each of them executing a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) and providing two sureties for the likesum to the satisfaction of the trial Court. The petitioners are also subjected to the following conditions:
1) The petitioners shall surrender their passports to the jurisdictional magistrate if not they are already surrendered by them to police or secured by police from them.
2) They shall regularly appear before the Court during trial.
3) They shall not threaten the witnesses and tamper with the prosecution evidence.
Sd/-
JUDGE sd