- 1 - HC-KAR NC: 2026:KHC:21549 CRL.P No. 16633 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 16633 OF 2025 BETWEEN: SAMPSON OPPONG ALIAS PRINCE ALIAS ONEWEEK S/O FRANCIS OPPONG, AGE 33 YEARS, R/AT NO.108, 13TH CROSS, 21ST MAIN, MAHALAKSHMI LAYOUT, BTM 2ND STAGE, BENGALURU CITY - 76. &PETITIONER (BY SRI. SHAIKH SAOUD, ADVOCATE) AND: THE STATE BY CHIKKAJALA POLICE REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT KARNATAKA AT BENGALURU - 560 001. &RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGED ON BAIL IN SC NO.15058/2025 U/S 103 AND 238 OF BNS 2023 AND U/S 14, 14(A) (B) OF THE PASSPORT ACT 1967, WHICH IS THE OUTCOME IS THE OUTCOME OF CRIME NO.59/2025 OF CHIKKAJALA POLICE Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21549 CRL.P No. 16633 of 2025 STATION ON THE FILE OF THE V ADDL.DISTRICT AND SESSIONS JUDGE, DEVANAHALLI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 is filed with the following prayer: "The petition may please be allowed and the petitioner may please be enlarged on bail in S.C.No.15058/2025 under Section 103 and 238 of BNS 2023 and Under Section 14, 14(A)(B) of the Passport Act 1967, which is the outcome of Crime No.59/2025 of Chikkajala Police Station on the file of V Additional District and Sessions Judge, Devanahalli, in the interest of justice and equity." 2. Petitioner is accused in SC No.15058 of 2025 for the offences punishable under Section 103 and 238 of BNS 2023 and under Section 14, 14(A)(B) of the Passport Act, 1967. 3. Gist of the charge sheet material would indicate that Head Constable bearing No.11460 of Chikkajala Police Station - 3 - HC-KAR NC: 2026:KHC:21549 CRL.P No. 16633 of 2025 (credible information) that in Tarahunase Village, there was a dead body of a woman in prone position. 4. On visiting the spot he noted that the dead body that of an Nigerian woman. As such, a case came to be registered in Crime No.59 of 2025 on 30th April 2025 for the offences punishable under Section 103, 238 of BNS 2023 and the matter was investigated. 5. During the course of investigation, present petitioner has been arrested. On completion of the investigation, charge sheet came to be filed against the petitioner for the aforesaid offences. Request made by the petitioner to obtain an order of grant of bail was turned down by the learned Sessions Judge in Crl.Misc.No.15217 of 2025. Thereafter, the petitioner is before this Court. 6. Sri Shaikh Saoud, learned counsel for the petitioner reiterating the grounds urged in the petition would contend that the entire case rests on the circumstantial evidence and only on the ground that the petitioner also a Nigerian has been falsely implicated in the incident and thus sought for grant of bail. He would further contend that the material evidence collected by - 4 - HC-KAR NC: 2026:KHC:21549 CRL.P No. 16633 of 2025 the prosecution is hardly sufficient to form the chain of events whereby the accused is responsible for the homicidal death of deceased-Smt.Loveth Ibaham and therefore, the petitioner is entitled for grant of bail. 7. He would also emphasize that the charge sheet is filed in the case. As such, there is no possibility of any tampering of the prosecution witnesses and therefore, continuation of the accused in judicial custody is no longer warranted as it may amount to pre-trial conviction and sought for grant of bail. 8. Per contra, learned High Court Government Pleader reiterating the grounds urged in the objection statement would contend that the petitioner is admittedly a Nigerian who had visited India with VISA to participate in a competition at Ahmedabad. Very fact that he has overstayed than the VISA period and residing in Bengaluru itself creates a doubt as to the innocence of the petitioner herein and therefore, sought for rejection of the bail petition. - 5 - HC-KAR NC: 2026:KHC:21549 CRL.P No. 16633 of 2025 9. Having heard the arguments of both sides, this Court perused the material on record meticulously. 10. On such perusal of the material on record, admittedly the copy of the Passport is not filed along with the petition. Petitioner being a Nigerian citizen visited India to participate in a competition held at Ahmedabad. But he has managed to stay in India beyond the period of the VISA permission and his Passport has also expired. 11. Taking note of these aspects of the matter, the investigation agency has also invoked the offences under Section 14, 14(A)(B) of the Passport Act, 1967. 12. Insofar as the offence under Section 103 of BNS is concerned, though the case is rested on circumstantial evidence, there is no rule that in every case which rests on circumstantial evidence, after the filing of the charge sheet, petitioner is entitled for grant of bail. 13. Last seen theory, motive and recovery is to be established by the prosecution by examining the witnesses cited in the charge sheet. - 6 - HC-KAR NC: 2026:KHC:21549 CRL.P No. 16633 of 2025 14. Petitioner being the Nigerian, if he is enlarged on bail, he may escape from the clutches of law and may not be available for the trial. 15. Thus, in the peculiar facts and circumstances of the case, this Court is of the considered opinion that the trial needs to be expedited, taking note of the fact that the petitioner is an illegal immigrant and suitable orders are to be passed, including the deporting of the petitioner if he is not convicted. 16. Accordingly, the following: ORDER (i) Petition is dismissed. (ii) The Trial Court is directed to conclude the trial as early as possible, but not later than December, 2026. Sd/- (V SRISHANANDA) JUDGE MKM List No.: 1 Sl No.: 4