- 1 - HC-KAR CNR: KAHC010426842026 NC: 2026:KHC:39595 CRL.P No. 9097 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9097 OF 2026 BETWEEN: MR. MICHAEL ODIKPO OKAFOR S/O JAMES OKAFOR AGED ABOUT 42 YEARS R/AT 60 YUSUF STREET PAPA AJAI MUSHUM, LAGOS NIGERIA - 100 254. …PETITIONER (BY SRI NISHIT KUMAR SHETTY, ADV.) AND: STATE OF KARNATAKA BY CYBER, ECONOMIC AND NARCOTICS CRIME POLICE STATION D.K. DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 439(1)(b) CR.PC (FILED U/S 483(1)(b) OF BNSS) PRAYING TO MODIFY/RELAX THE CONDITION NO.3 AND 4 IMPOSED BY THE PRINCIPAL SESSIONS JUDGE, D.K.MANGALORE VIDE ITS ORDER DATED 30.07.2025 MADE IN SPL.C.NO.251/2024 WHILE ENLARGING THE PETITIONER ON BAIL IN SPL.C.NO.251/2024 (CRIME NO.44/2024 OF CEN CRIME POLICE STATION, MANGALORE) FOR THE OFFENCES U/S 8(c), 21(b), 27(b) OF NDPS ACT PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, D.K.MANGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010426842026 NC: 2026:KHC:39595 CRL.P No. 9097 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This petition under Section 483(1)(b) of BNSS, 2023, is filed with a prayer to relax/modify conditions imposed by the Court of Principal District and Sessions Judge, Dakshina Kannada, Mangaluru, vide its order dated 29.03.2025 passed in Special Case No.251/2024 directing the State to forward the petitioner to the Detention Centre till the disposal of the case and directing the accused not to leave the Detention Centre without prior permission of the Court. 2. Heard the learned counsel for the parties. 3. Petitioner, who was arrested in Crime No.44/2024 registered by C.E.N. Police Station, Mangaluru City, for the offences punishable under Sections 8(c), 21(b) and 27(b) of the NDPS Act, 1985, had filed a regular bail application before the Trial Court in Special Case No.251/2024, which was allowed by order dated 29.03.2025 subject to certain conditions. The impugned conditions read as follows:- - 3 - HC-KAR CNR: KAHC010426842026 NC: 2026:KHC:39595 CRL.P No. 9097 of 2026 "The accused shall be forwarded to Detention Centre till disposal of the case. The accused shall not leave the Detention Centre without prior permission of the Court." 4. Seeking relaxation of the same, petitioner had filed a similar application before the Trial Court in Special Case No.251/2024, which was dismissed on 30.07.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that petitioner is a foreigner having valid Passport and VISA and therefore, the Trial Court was not justified in imposing the impugned conditions. He submits that petitioner, who was arrested in another case in Goa was granted bail by the High Court of Bombay at Goa and similar conditions which were imposed while granting bail, were subsequently relaxed after the petitioner, who has a valid passport had renewed his VISA. Accordingly, he prays to allow the petition. 6. Per contra, learned Addl. SPP, who has opposed the petition submits that petitioner is a person with criminal - 4 - HC-KAR CNR: KAHC010426842026 NC: 2026:KHC:39595 CRL.P No. 9097 of 2026 antecedents and it is under these circumstances, impugned conditions have been imposed on him. However, she does not seriously dispute the submissions made by learned counsel for the petitioner. 7. Petitioner, who is a Nigerian national, was granted regular bail by the Trial Court in Special Case No.251/2024 vide order dated 29.03.2025 subject to certain conditions. Impugned conditions directs the State to forward the petitioner to the Detention Centre and also directs the petitioner not to leave the Detention Centre without prior permission of the Court. 8. The material made available to the Court would go to show that petitioner has a Nigerian passport valid upto 15.10.2028. The petitioner, who was earlier arrested in a similar case in Goa, was granted regular bail in the said case by High Court of Bombay at Goa in Criminal Application (Bail)-F No.281/2023 vide order dated 19.05.2023 subject to certain conditions. Condition Nos. b. to d. of the said order passed, reads as under:- "b. The release of the applicant shall be subject ot production of valid passport and visa. Since passport - 5 - HC-KAR CNR: KAHC010426842026 NC: 2026:KHC:39595 CRL.P No. 9097 of 2026 and visa can be applied online, as informed by the learned Public Prosecutor, the applicant will have to apply for the same from jail. The respondent-State authorities shall provide assistance tot eh applicant. But it is made clear that without producing valid passport and visa, the applicant shall not be released on bail. c. Upon producing such valid passport and visa, the applicant shall place copies thereof before the Trail Court. d. The applicant shall register himself on the basis of suvh valid passport and visa, with Foreigners Regional Registration Office (FRRO) at Goa, within two weeks of his release." 9. Seeking relaxation of the said conditions, petitioner had filed Criminal Application No.66/2024 - F before the High Court of Bombay at Goa, which was allowed on 20.03.2024 and in paragraph Nos.4, 5 and 6 of the said order, it is observed as follows:- "4. In view of the above, the application is allowed and conditions (b), (c) and (d) are modified by deleting the requirement of the applicant producing valid Visa. A reference to the requirement of Visa in the aforesaid conditions at (b) and (c) is deleted. Nonetheless, the - 6 - HC-KAR CNR: KAHC010426842026 NC: 2026:KHC:39595 CRL.P No. 9097 of 2026 applicant will have to produce the copy of the valid passport before the trail Court. 5. As regards condition (d), the FRRO is directed to register the applicant on the basis of the valid passport obtained by him. The applicant shall place copy of his valid passport with the FRRO at Goa. The office of the FRRO at Goa, is directed to register the applicant in a separate register without insisting upon valid Visa. 6. It is made clear that the applicant shall abide by all the other conditions imposed in the order dated 19/6/2023 and conditions (b), (c) and (d) stand modified only to the extent indicated above." 10. Under the circumstances, I am of the opinion that the learned Sessions Judge was not justified in imposing the impugned conditions on the petitioner for his detention in the Detention Centre and not to leave the Detention Centre without the permission of the Trial Court. Petitioner, who has got valid travel documents, namely, Passport and VISA, cannot be asked to stay in the Detention Centre. Undisputedly, the offences punishable under the Foreigners Act, has not been invoked against the petitioner in the present case. Under the circumstances, I am of the opinion that the prayer made in the - 7 - HC-KAR CNR: KAHC010426842026 NC: 2026:KHC:39595 CRL.P No. 9097 of 2026 petition to relax the impugned conditions needs to be granted. Accordingly, the following order:- 11. The criminal petition is allowed. The impugned conditions which directs the petitioner to be forwarded to Detention Centre and directs him not to leave the Detention Centre without prior permission of the Trial Court are relaxed. 12. All other conditions found in the order dated 29.03.2025 passed by the Court of Principal District and Sessions Judge, Dakshina Kannada, Mangaluru, in Special Case No.251/2024 remains unaltered. 13. Petitioner is directed to provide his residential address in India with address proof, his mobile phone number and e-mail address, to the Trial Court within a period of fifteen days from the date of his release from custody. Sd/- (S VISHWAJITH SHETTY) JUDGE DN