- 1 - HC-KAR NC: 2026:KHC:23528 CRL.P No. 4158 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4158 OF 2026 BETWEEN: MS. NAKAYIWA MADIA D/O MR. KAYONGO, AGED ABOUT 28 YEARS, R/O BULOBA WAKISO UGANDA CURRENTLY CONFINED AT THE FOREIGNERS DETENTION CENTRE TUMKUR GROUND FLOOR, FDC, CENTRE FOR FEMALE HOSAHALLI, BANGALORE - 572 107. …PETITIONER (BY SRI. IGWE REMIGIUS CHIBUEZE, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ELECTRONIC CITY POLICE STATION BANGALORE RURAL REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI BENGALURU - 560 001. 2. FOREIGNERS REGIONAL REGISTRATION OFFICE BANGALORE 5TH FLOOR A BLOCK, TTMC, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23528 CRL.P No. 4158 of 2026 BMTC BUS STAND BUILDING, KENGAL HANUMANTHAIAH ROAD, NGO COLONY, SHANTI NAGAR BENGALURU - 560 027. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. SHANTHI BHUSHAN, DSGI FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO 1. QUASH THE CHARGE SHEET DTD 03.05.2024, FILED IN CR.NO.108/2024 OF ELECTRONIC CITY POLICE STATION AND THE ENTIRE PROCEEDINGS IN C.C.NO.3353/2024 PENDING BEFORE THE LRD.CJM BANGALORE RURAL, IN SO FAR AS THE PETITIONER (ACCUSED NO.2) IS CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: a) “Quash the charge sheet dated 03.05.2024, filed in Crime No.108/2024 of Electronic City Police Station and the entire proceeding in C.C.No.3353/2024 pending before the learned CJM Bangalore Rural, insofar as the Petitioner (Accused No.2) is concerned. b) Pass any other order/s or direction/s as this Hon’ble court deems fit and necessary in the facts - 3 - HC-KAR NC: 2026:KHC:23528 CRL.P No. 4158 of 2026 and circumstances of this case in the ends of justice.” 2. Heard the learned counsel Sri. Igwe Remigius Chibueze appearing for the petitioner, learned HCGPP Sri. Channappa Erappa, for respondent No.1 and learned DSGI Sri. Shanthi Bhushan for respondent No.2. 3. The petitioner, an Ugandan citizen is caught in the web of proceedings in C.C.No. 3353/2024, for offences punishable under Sections 3, 4, 5 and 7 of the Immoral Traffic Prevention Act, 2006 and Section 14 of the Foreigners Act, 1946. The maximum punishment in all these cases, if in the event of the petitioner getting convicted, is 7 years or less. The petitioner submits that she is now wanting to go back to her Country but is unable to go back to her country on the score that her visa and passport have been expired. At present, she is detained in respondent No.3 – detention centre. - 4 - HC-KAR NC: 2026:KHC:23528 CRL.P No. 4158 of 2026 4. The Additional State Public Prosecutor representing the respondent – State would also submit that in terms of the Standard Operating Procedure, if prosecution is withdrawn, the petitioner can be consequently remanded to the FRRO. 5. Learned DSGI Sri. Shanthibhushan submits that action would be taken in terms of the SOP if the State Government will withdraw the prosecution and place the material before the Foreigners Regional Registration Office (FRRO for short). 6. I have given my anxious consideration to the submissions made by the learned counsel for the parties and have perused the material on record. 7. The afore narrated facts are not in dispute. The petitioner gets embroiled in a crime for the afore quoted offences. The plea of the petitioner before this Court is that, she wants to go back to her country. The issue would be whether pending prosecution against the - 5 - HC-KAR NC: 2026:KHC:23528 CRL.P No. 4158 of 2026 petitioner for the afore-quoted offences, can the petitioner be sent back to her country – Uganda. The Government of India on 25.11.2025, has issued a Standard Operating Procedure, governing the withdrawal of prosecution in cases involving foreign nationals, with the avowed objective of facilitating their deportation. The preamble to the said SOP records circumstances which necessitated its formulation. The preamble is as follows:- “I am directed to say that misuse of legal procedures by certain foreign nationals who intentionally implicate themselves in criminal offences to delay deportation or gain prolonged stay in the India has been observed by the Law Enforcement Agencies in various States/UTs. Once the case is registered, these foreigners use various legal and procedural tactics viz., repeated adjournments sought on medical grounds, change of counsel, filing frivolous applications before the trial Court such as bail & discharge, absconding between hearings, claiming refugee status on frivolous ground during pending trial and by challenging various stages of trial procedure in higher courts. These tactics have often resulted in prolonged under trial detention or bail with restrictions, effectively allowing them to remain in India for years and expand their criminal activities, gangs and organized crimes in the country. 2. This matter came up for consideration at the DGsP/IGsP Conference, 2024, when it was inter alia decided that a comprehensive policy/legal framework to prevent misuse of judicial process by foreigners to overstay may be formulated by the Ministry of Home Affairs, in - 6 - HC-KAR NC: 2026:KHC:23528 CRL.P No. 4158 of 2026 consultation with all stakeholders. It was further decided that the policy may examine withdrawal of cases where punishments were less than 7 years to facilitate deportation. 3. Accordingly, the matter regarding framing of a model Standard Operating Procedure (SOP) for withdrawal from prosecution in cases filed against foreigners to facilitate their deportation has been examined by this Ministry in consultation with various stakeholders. Based on the inputs received from various stakeholders, a model SOP has been prepared in this regard within the framework of Section 360 of Bharatiya Nagrik Suraksha Sanhita, 2023 (46 of 2023) and a copy of the same is enclosed. 4. The model SOP indicates the types of cases where withdrawal from prosecution may be considered against the foreigners, types of cases where such withdrawal from prosecution may not be considered and the detailed procedure that may be followed by State/UT prosecuting agencies and central prosecuting agencies for withdrawal from prosecution in such cases. Review of such cases by two Committees i.e., one District Level Screening Committee and another State Level Screening Committee in cases filed by State/UT prosecuting agencies is envisaged in the model SOP. In cases filed by central prosecuting agencies, it has been suggested that they may consider constituting an Agency Screening Committee to review such cases. 5. The objective of this model SOP is to prevent misuse of the judicial process by foreigners to prolong their stay in India. This will facilitate early deportation of such foreigners from the country and will also help in conservation of valuable judicial resources. 6. State/UT prosecuting agencies and central prosecuting agencies are advised to consider adopting the enclosed model SOP, by taking approval of the respective competent authorities, for withdrawal from prosecution in respect of cases filed against foreigners. Steps taken in this - 7 - HC-KAR NC: 2026:KHC:23528 CRL.P No. 4158 of 2026 regard may please be intimated to this Ministry at the earliest.” (Emphasis supplied) 7. It is observed that certain foreign nationals have been misusing the legal process of the country by deliberately implicating themselves in criminal proceedings, so as to thwart or delay deportation and thereby prolong their stay within the territory of India. The background to bring in the SOP reads as follows: “1. Background Misuse of legal procedures by certain foreign nationals who intentionally implicate themselves in criminal offences to delay deportation or gain prolonged stay in India has been observed by the Law Enforcement Agencies in various States/UTs. Once the case is registered, these foreigners use various legal and procedural tactics viz., repeated adjournments sought on medical grounds, change of counsel, filing frivolous applications before the trial Court such as bail & discharge, absconding between hearings, claiming refugee status on frivolous ground during pending trial and by challenging various stages of trial procedure in higher courts. These tactics have often resulted in prolonged under-trial detention or bail with restrictions, effectively allowing them to remain in India for years and expand their criminal activities, gangs and organized crimes in the country. In the DGsP/IGsP Conference, 2024, it was inter-alia decided as under: - 8 - HC-KAR NC: 2026:KHC:23528 CRL.P No. 4158 of 2026 “A comprehensive policy/legal framework to prevent misuse of judicial process by foreigners to overstay, to be formulated by MHA, in consultation with all stakeholders, including MEA, IB and legal officers. The policy would examine withdrawal of cases where punishments were less than 7 years, to facilitate deportation.”.” The types of cases where withdrawal of prosecution is to be considered are as follows: “3. Types of cases where withdrawal from prosecution may be considered against the foreigners. (i) An offence registered under the Bharatiya Nyay Sanhita, 2023 (45 of 2023) which is compoundable under Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023(Act 46 of 2023). (ii) An offence registered under the Bharatiya Nyay Sanhita, 2023 (45 of 2023) which carries a punishment of imprisonment of up to 7 years. (iii) An offence registered under any Central Act, including the Immigration and Foreigners Act, 2025 (13 of 2025) and its predecessor Acts, but other than Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 (61 of 1985) or any State Act which is compoundable and/or where the punishment provided for the offence in the Act is imprisonment of up to 7 years. (iv) An offence under the NDPS Act which carries a punishment of imprisonment up to ten years. (v) Cases involving inexpediency of prosecution where trial is pending for more than five years.” (Emphasis supplied) - 9 - HC-KAR NC: 2026:KHC:23528 CRL.P No. 4158 of 2026 In the light of the afore-quoted Standard Operating Procedure, steps be taken to deport this petitioner after withdrawal of the prosecution. The petitioner shall be deported back to her country at her own cost. 8. For the aforesaid reasons, the following: ORDER (i) Criminal Petition is disposed. (ii) Respondent No.1 – State shall endeavour to withdraw the prosecution against the petitioner within an outer limit of four weeks from the date of receipt of a copy of the order. (iii) The petitioner shall obtain emergency travel documents from the Consulate of Uganda and place it before respondent No.2, forthwith, to enable the petitioner to move out of the shores of this nation. (iv) Respondent No.2 – Foreigners Regional Registration Office shall - 10 - HC-KAR NC: 2026:KHC:23528 CRL.P No. 4158 of 2026 follow the procedure in terms of the Standard Operating Procedure, after the withdrawal of the proceedings, to deport the petitioner to her country – Uganda, without brooking any delay, at the costs of the petitioner. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE BVK List No.: 2 Sl No.: 164