Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:32517-DB WPHC No. 79 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION HABEAS CORPUS NO. 79 OF 2025 BETWEEN:
AMARACHA PRISCA D/O IWEBUNOR AGED ABOUT 22 YEARS R/A COVENT ROAD KAMANAHALLI - 560 043
…PETITIONER (BY SMT. DEEPIKA HUNGENAHALLY, ADVOCATE) AND:
1.
UNION OF INDIA THROUGH THE ADDITIONAL DIRECTOR BUREAU OF IMMIGRATION MINISTRY OF HOME AFFAIRS GOVERNMENT OF INDIA EAST BLOCK-VIII, LEVEL 5, SECTOR 1, RAMA KRISHNA PURAM NEW DELHI - 110 066.
2.
FOREIGNERS REGIONAL REGISTRATION OFFICER, FRRO, BENGALURU 5TH FLOOR, A BLOCK, TTMC, BMTC BUS STAND BUILDING, SHANTHINAGAR, K.H. ROAD, BENGALURU - 560 027
Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:32517-DB WPHC No. 79 of 2025
3.
SUPERINTENDENT OF POLICE, No.5, MILLERS ROAD, VASANTH NAGAR, BENGALURU - 560 052.
4.
STATE OF KARNATAKA, THROUGH ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001, KARNATAKA.
…RESPONDENTS (BY SRI. H. SHANTHIBHUSHAN, DSGI A/W SRI. ADITYA SINGH, CGSC FOR R1 & R2.
SRI. B.A. BELLIAPPA, SPP-1 A/W SRI. THEJESH P., HCGP FOR R3 & R4)
THIS WP(HC) IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYS TO ISSUE AN APPROPRIATE ORDER, DIRECTION OR WRIT IN THE NATURE HABEAS CORPUS DIRECTING THE RESPONDENTS TO CAUSE THE PRODUCTION OF THE PERSON DETENUE NAMELY MR.GOD'S TIME OBAYEM, AGED ABOUT 19 YEARS BEFORE THIS HON'BLE COURT AND SET HIM AT LIBERTY IN THE INTEREST OF JUSTICE.
THIS WP(HC), COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN AND HON'BLE MR. JUSTICE RAJESH RAI K
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HC-KAR NC: 2025:KHC:32517-DB WPHC No. 79 of 2025
ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
This writ petition is filed seeking writ in the nature of habeas corpus directing the respondents to produce one Godstime Obayem, allegedly aged about 19 years before this Court and to set him at liberty.
2. Learned DSGI has made available instructions in the matter. It is submitted that the Godstime Obayem, the alleged detenue had arrived in India on 05.11.2024 with a valid Passport No.A08800657 (valid till 14.04.2027) and valid Student (S-1) visa No.VL8983604 (valid till 07.10.2025) endorsed for IZEE Business school, Bengaluru with remark for
"Registration within 14 days of arrival in India". However, it is submitted that the foreigner had not reported or joined the said Business School after entering India. The E-mail received from the college is also enclosed herewith as Annexure R4.
3. In the above circumstances, it is submitted that an
order of restriction of movement has been imposed on the foreigner which is produced as Annexure R6. It is submitted that the said order has also been duly served on the detenue.
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HC-KAR NC: 2025:KHC:32517-DB WPHC No. 79 of 2025
Further, it is submitted that the writ petitioner who claims to be the close friend of the subject is also a foreigner and no immigration record exists for the name of the petitioner. However, there are two immigration records for Nigerian Nationals by name Amarachi Prisca Iwebunor (aged 21 and 23 years old) who were overstaying in the country since their arrival.
4. Having considered the contentions advanced and in view of the submissions made by the learned DSGI, that an
order of movement restriction has been passed against the Foreign National Godstime Obayem and has been duly served, this writ petition is disposed of without prejudice to the right of the detenue to challenge the order of movement restriction, if so advised.
Sd/- (ANU SIVARAMAN) JUDGE
Sd/- (RAJESH RAI K) JUDGE
RAK List No.: 2 Sl No.: 1