Karnataka High Court
Jadama Alagie vs The State By K R Puram Police on 20 July, 2016
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JULY, 2016
BEFORE
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION NO.3900 OF 2016
BETWEEN:
JADAMA ALAGIE
S/O ALAGIE MOUSA
AGED ABOUT 45 YEARS
R/A A.NDURE, ST.BANJUI CITY
THE GAMBAI, AFRICA
PRESENTLY RESIDING AT
NO 7041, AIRPORT ROAD
JAMAMOR
HYDERABAD- 361001.
...PETITIONER
(BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE)
AND:
THE STATE
BY K R PURAM POLICE
BANGALORE,
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE - 560001.
...RESPONDENT
(BY SRI.S.VISHWAMURTHY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.139/2016 OF K.R.PURAM P.S., BENGALURU CITY FOR
THE OFFENCE P/U/S 489(B), 489(C), 489(E), 420, 468 OF IPC
2
AND SECTION 7(2) OF FOREIGNERS ORDER ACT AND SECTION
14 OF FOREIGNERS ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner is the sole accused in Crime No.139/2016 registered by the respondent - police for the offences punishable under Sections 489B, 489C, 489E, 420 and 468 of IPC and under Section 7(2) of the Foreigners Act, 1948. After thorough investigation, charge sheet has been filed. The petitioner was arrested on 08.03.2016 and since then he has been in custody.
2. The brief factual matrix of the case as could be seen from the charge sheet is that on 08.03.2016 at about 9.30 a.m. the respondent - police found a person who was holding a bag in his hand near O.M. Road, Coffee Day, Bhatrahalli. The petitioner stopped the persons near O.M.Road who were traveling in the car and he disclosed that he has got black money worth Rs.1 crore and he wants to convert the same into white money. In the event of any person giving Rs.1 lakh white money, he would give Rs.3 lakh black money. By 3 saying so, he was attracting the people there. On receiving such credible information, the respondent - police went there and caught hold the petitioner and seized 11 bags of Rs.1,000/- Xerox notes from the bag of the petitioner. The petitioner is an African citizen and it is alleged that without passport and visa he was unlawfully residing in India. On these allegations, charge sheet has been filed against the petitioner.
3. Learned counsel for the petitioner contended that when it is said that Xerox copy of the currency notes, it cannot be said that the petitioner is involved in distributing the said amount as if the original currency note. Anybody can identify them as xerox currency notes. Moreover, there is no case lodged against him that he was distributing all those currency notes. Though he was found with 11 bags of xerox currency notes, it is doubtful whether the offences under Sections 489B and 489C of IPC are attracted, it may attract Section 489E of IPC. The offences alleged are neither punishable with death nor imprisonment for life. As rightly contended by the learned counsel for the petitioner provision 4 under Section 489E of IPC may attract to the facts and circumstances of this case.
4. Learned HCGP has submitted that the petitioner has not produced the visa to continue to stay in India. But the petitioner has produced the passport issued by the Competent Authority which shows that, in No.144/2015, a passport was issued on 26.11.2015 with a permission to remain in India upto 25.07.2016. Therefore, passport and visa said to be valid upto 25.07.2016. This Court cautioned the learned HCGP to secure the information from the Investigating Agency or from the passport authority whether visa has been extended insofar as this petitioner is concerned. Learned HCGP produced a letter addressed by him to the Competent Authority i.e., the Police Inspector, K.R.Puram Police Station, Bangalore. In turn, the said Police Sub Inspector vide letter dated 15.07.2016 replied back to learned HCGP that inspite of his best efforts, he could not able to secure the information. However, in view of the passport produced before this Court shows that passport and visa are in force upto 25.07.2016. There is no impediment for this 5 Court to enlarge the petitioner on bail with certain stringent conditions. If the police finds subsequently visa is not extended, the respondent - police are at liberty to take appropriate action in accordance with law. With these observations, following order is passed.
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.139/2016, registered against him for the offences punishable under Sections 489B, 489C, 489E, 420 and 468 of IPC and under Section 7(2) of the Foreigners Act, 1948, subject to the following conditions:
(i) The petitioner 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 jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by any genuine cause.6
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission till the case registered against him is disposed of.
The petitioner is hereby directed to furnish the extended visa before the trial Court after 25.07.2016 within reasonable time.
Sd/-
JUDGE VMB