Mohammed Allameen @ Allameen vs The State Of Karnataka By
2023 Latest Caselaw 2196 Kant

                                                   -1-
                                                           CRL.P No. 10648 of 2022




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 12TH DAY OF APRIL, 2023

                                                 BEFORE
                                 THE HON'BLE MR JUSTICE K.NATARAJAN
                                 CRIMINAL PETITION NO. 10648 OF 2022
                      BETWEEN:

                      1.   MOHAMMED ALLAMEEN @ ALLAMEEN
                           S/O MOHAMMED MUZAMIL
                           AGED ABOUT 43 YEARS
                           R/AT CHIKKABENAHALLI COLONY
                           NEAR WATER TANK
                           SEEGEHALLI KADUGODI POST
                           BENGALURU-560067.
                                                                      ...PETITIONER
                      (BY SRI. BUDRUNNISA.,ADVOCATE)

                      AND:

                      1.   THE STATE OF KARNATAKA BY
                           INDIRA NAGAR POLICE STATION
                           REP BY GOVT PROSECUTOR
                           HIGH COURT BUILDING
                           BENGALURU-560001.
Digitally signed by
BHAVANI BAI G
Location: High
                                                                     ...RESPONDENT
Court of Karnataka
                      (BY SRI. V.S. HEGDE, SPP-II ALONG WITH
                       SRI. MAHESH SHETTY, HCGP)

                            THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
                      CR.P.C. PRAYING TO SET ASIDE THE ORDER PASSED BY THE I-
                      MMTC, BANGALORE DATED 17.09.2022 IN CR.NO.182/2022.

                           THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
                      THE COURT MADE THE FOLLOWING:
                                -2-
                                        CRL.P No. 10648 of 2022




                             ORDER

This petition is filed by the petitioner-accused under

Section 482 of Cr.P.C. for modification of the order of bail

granted by the Trial Court in Crime No.182/2022, where the

trial Court ordered to release the petitioner on bail and directed

the Police to keep him in the detention centre until further

orders.

2. Heard the arguments of learned counsel for the

petitioner and learned SPP-II for the respondent-State.

3. Learned counsel for the petitioner submits that the

Police arrested this petitioner in respect of violation of passport

under Section 14 of the Foreigners Act, 1946 and Section 12 of

the Passport Act, 1967 registered by the Indiranagar Police

Station, Bengaluru in Crime No.182/2022. Subsequently, the

petitioner moved the bail petition before the trial Court which

came to be allowed with the condition to release the petitioner

on bail on executing the personal bond for Rs.50,000/- with

cash security of Rs.25,000/-. However, the trial Court further

ordered the Indiranagar Police to send the accused after his

CRL.P No. 10648 of 2022

release to the detention centre until further orders, which is

under challenge.

4. Leaned SPP-II for the respondent-State has brought

to the notice of this Court that the Government of Karnataka

has established a detention centre as per the direction issued

by the Co-ordinate Bench of this Court in the case of Babul

Khan and Another vs. State of Karnataka reported in 2020

SCC OnLine Kar 3438 in Crl.P.No.6578/2019 dated

19.05.2020 and contended that if the accused persons

committed any offence especially the violation of the Passport

and lapse of VISA and Passport, they shall be released and kept

in detention centre until completion of the trial and until the

Government deport the said persons to their National or to

their mother country. For the convenience, the guidelines

issued by this Court at paragraph No.113(1) and (4) as under

"113. Before parting with this Judgment I feel it just and necessary to issue the following guidelines to the Courts and the concerned authorities on the basis of the above said discussion, though it may not be exhaustive but it may have some help to the authorities in the helm of affairs.

CRL.P No. 10648 of 2022

GUIDELINES.

(1) As soon as the offence under Foreigners Act and other Laws is detected and there is a strong prima facie material to show that the detected person is a foreign national, and if he has no Passport or Visa, or if the Visa is expired, and he has no right to stay in Indian Territory, proceedings shall be immediately started to deport him to his nation, without un-necessary delay, from the date of registration of FIR against such person.

(4) If for any reason the Court grants bail including anticipatory bail, in any criminal case where the offender is a foreign national, and the offences are under the Foreigners Act and/or also under any other Laws for the time being in force, and their Visa is cancelled or lapsed, or they have no Passport, or they are illegal migrants, then the Courts shall specifically order to keep them in detention centers, unless the competent authority has passed any order under section 3(2)(a) to (f) of Foreigners Act, 1946, or till further orders of the court or till they are deported to their mother country."

Considering the same, I am of the view that though the

trial Court passed the order of bail and as per the direction of

the Co-ordinate Bench of this Court, the learned Magistrate has

rightly passed an order to keep the petitioner in the detention

centre until further orders either the State as police to deport

this petitioner to their mother country or until the completion of

CRL.P No. 10648 of 2022

the trial. Such being the case, I do not find any illegality

committed by the trial Court in passing such an order.

Therefore, the petition is devoid of merits and liable to be

dismissed.

5. Accordingly, the petition is dismissed.

Sd/-

JUDGE

GBB