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2025 DAILYLAW 39626 (KAR)

SRI MITTU M D v. STATE OF KARNATAKA

CRL.P/3522/2025 · 2025-09-23

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38415 CRL.P No. 3522 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 3522 OF 2025 BETWEEN: SRI MITTU M D S/O LATE LOTHIF, AGED ABOUT 37 YEARS, R/AT BOMMASANDRA VILLAGE, ATTIBELE HOBLI ANEKAL TALUK, BENGALURU- 560 099. …PETITIONER (BY SRI. MANU N.P.,ADVOCATE) AND: STATE OF KARNATAKA BY HEBBAGODI POLICE STATION, BENGALRUU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU 560 001. …RESPONDENT (BY SRI. R.RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER IN REGARD TO THE FIR REGISTERED IN CR.NO.358/2024 FOR OFFENCE P/U/S.14(A) OF IPC 1860 U/S.370 OF FOREIGNERS ACT 1946 BY HEBBAGOUDI POLICE STATION, BENGALURU NOW REGISTERED AS C.C.NO.5441/2024 PENDING ON THE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38415 CRL.P No. 3522 of 2025 FILE OF IV ADDL. CIVIL JUDGE AND JMFC, BENGALURU RURAL, BENGALURU AT ANEKAL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner, arraigned as accused No.1 in Crime No.358/2024 of Hebbagodi Police Station, Bengaluru District, has preferred this petition to enlarge him on bail. 2. The aforementioned crime is registered on a suo-moto complaint lodged by the Police Inspector, Hebbagodi Police Station, Bengaluru, against accused Nos.1 to 4 for the offence Punishable under Section, 14-A of the Foreigners Act, 1946 and Section 370 of IPC. 3. Petitioner was arrested on 31.05.2024. He is in custody. Investigation is completed and charge sheet is filed. - 3 - HC-KAR NC: 2025:KHC:38415 CRL.P No. 3522 of 2025 4. It is alleged by the prosecution that accused Nos.1 to 3, citizens of Bangladesh have illegally migrated to India and they are involved in human trafficking. 5. The learned Sessions Judge while dismissing the bail petition has observed that petitioner is from Bangladesh and he is an illegal migrant, living in India without passport and VISA. It is further observed that he has not produced any documents with respect to his residence like VISA, Passport, Aadhar card, ID card and if he is enlarged on bail, he may destroy the evidence and abscond permanently and cause hurdle to the trial of the case. 6. Learned counsel for petitioner submits that petitioner is an Indian citizen and he has all the relevant documents to show that he hails from the state of Bihar. 7. In light of the above submission, petitioner is permitted to file a fresh bail application before the Sessions Court, with all the relevant documents. - 4 - HC-KAR NC: 2025:KHC:38415 CRL.P No. 3522 of 2025 8. If any such application is filed, the learned Sessions Judge shall consider the same in accordance with law. 9. With above observation, petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 16