- 1 - HC-KAR CNR: KAHC010493562026 NC: 2026:KHC:51823 CRL.P No. 10656 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO.10656 OF 2026 BETWEEN: GLORIA, AGED ABOUT 42 YEARS, TANZANIAN NATIONAL, CURRENTLY RESIDING AT DETENTION CENTER FOR FOREIGN (FEMALE) ILLEGAL IMMIGRANTS, DIBBURU, TUMAKURU TOWN, TUMAKURU KARNATAKA. …PETITIONER (BY SRI IGWE REMIGIUS CHIBUEZE.,ADVOCATE) AND: 1. STATE OF KARNATAKA, TUMAKURU TOWN POLICE STATION, TUMAKURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU-560001. 2. KOWSALYA DEVI M P, WARDEN, DETENTIION CENTER FOR FOREIGN (FEMALE), ILLEGAL IMMIGRANTS, DIBBURU, TUMAKURU TOWN, TUMAKURU, KARNATAKA. 3. THE FOREIGNERS REGIONAL REGISTRATION OFFICER (FRRO) Digitally Signed by ANANT RAMNATH HEGDE - 2 - HC-KAR CNR: KAHC010493562026 NC: 2026:KHC:51823 CRL.P No. 10656 of 2026 BUREAU OF IMMIGRATION, 5TH FLOOR, A BLOCK, TTMC, BMTC BUILDING, K H ROAD, SHANTHINAGAR, BENGALURU-560027. …RESPONDENTS (BY SRI M V ANOOP KUMAR, ADDL. SPP FOR R1 & R2 SRI ADITYA SINGH, ADV. FOR R3) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS AND THE FIR IN CRIME NO.0155/2026 REGISTERED BY THE RESPONDENT NO.1 AGAINST THE PETITIONERS FOR THE OFFENCES P/U/S 265, 125(b) AND 324(4) OF THE BNS 2023 AND SECTIONS 14(A), 14(B) AND 14(C) OF THE FOREIGNERS (AMENDMENT) ACT 2004 IN SO FAR AS THE PETITIONER/A1 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (Sr.Dn.) AND CJM COURT TUMAKURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard learned counsel for the petitioner, the Additional SPP for respondents No.1 and 2 and learned counsel for third respondent. 2. This petition is filed to quash the criminal proceedings in FIR No.155/2026 registered by the first respondent against the petitioners for the offences Digitally Signed by ANANT RAMNATH HEGDE - 3 - HC-KAR CNR: KAHC010493562026 NC: 2026:KHC:51823 CRL.P No. 10656 of 2026 punishable under Sections 265, 125(b) and 324(4) of Bharatiya Nyaya Sanhita, 2023 and Sections 14A and 14B and 14C of Foreigner's Act, 1946. 3. Learned counsel appearing for the petitioner, Mr.Igwe Remigius Chibueze submits that petitioner is convicted for the offence under Section 1 of the Foreigners' Act, 1946 and the penalty is paid. No offence is committed to attract Section 14B and 14C. 4. It is submitted that, the petitioner has a valid passport of Tanzania, however, the visa has expired. The petitioner intends to go back to her country of origin and the present complaint is filed on the allegation that the petitioner attempted to commit suicide. 5. Learned counsel for the petitioner submits that the petitioner is suffering from mental depression, as such, assuming that the petitioner made an attempt to commit suicide, the same cannot constitute an offence in view of Section 115 of The Mental Health Care Act, 2017 (Act, 2017). Digitally Signed by ANANT RAMNATH HEGDE - 4 - HC-KAR CNR: KAHC010493562026 NC: 2026:KHC:51823 CRL.P No. 10656 of 2026 6. Learned Additional SPP for respondents No.1 and 2 would submit that the procedure to be followed while deporting the petitioner to the country of her origin has to be followed and would place reliance on the judgment of the Co-Ordinate Bench of this Court in Criminal No.11347/2025. 7. Learned Additional SPP would submit that there are no criminal antecedents against the petitioner and the State has no intention to prosecute the petitioner and will follow the procedure for deportation. 8. Learned counsel for the 3rd respondent would also submit that no other criminal cases are pending against the petitioner. 9. Section 115 of the Act, 2017 reads as under: "(1) Notwithstanding anything contained in section 309 of the Indian Penal Code any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code. Digitally Signed by ANANT RAMNATH HEGDE - 5 - HC-KAR CNR: KAHC010493562026 NC: 2026:KHC:51823 CRL.P No. 10656 of 2026 (2) The appropriate Government shall have a duty to provide care, treatment and rehabilitation to a person, having severe stress and who attempted to commit suicide, to reduce the risk of recurrence of attempt to commit suicide". 10. It is the submission of the learned counsel for the petitioner that the petitioner was under severe stress as she had been tried for the offence under Section 14 of Act, 1946. 11. Since, the State has submitted that there are no criminal antecedents against the petitioner and it intends to deport the petitioner to her country of origin, the following order is passed: ORDER (i) The petition is allowed. (ii) The proceeding and the FIR in Crime No. 155/2026 registered before Tumakuru Town Police Station are quashed. Digitally Signed by ANANT RAMNATH HEGDE - 6 - HC-KAR CNR: KAHC010493562026 NC: 2026:KHC:51823 CRL.P No. 10656 of 2026 (iii) Respondent No.3 shall take necessary steps to deport the petitioner in accordance with the procedure in accordance with law. (ANANT RAMANATH HEGDE) JUDGE brn List No.: 2 Sl No.: 17 Digitally Signed by ANANT RAMNATH HEGDE