Kislu Alias Mohammed Kislu vs State Of Karnataka
2024 Latest Caselaw 24860 Kant

Karnataka High Court

Kislu Alias Mohammed Kislu vs State Of Karnataka on 16 October, 2024

Author: S Vishwajith Shetty

Bench: S Vishwajith Shetty

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                                                           NC: 2024:KHC:41753
                                                       CRL.P No. 7673 of 2024




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 16TH DAY OF OCTOBER, 2024

                                             BEFORE
                          THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

                               CRIMINAL PETITION NO.7673 OF 2024

                   BETWEEN:

                      KISLU ALIAS MOHAMMED KISLU
                      S/O MOHAMMED MANIK MULLA
                      AGED ABOUT 34 YEARS
                      RESIDING AT NO.36/1
                      MAGADI MAIN ROAD
                      KODIGEHALLI COLONY
                      KODIGEHALLI
                      BENGALURU-560 091

                                                                ...PETITIONER
                   (BY SRI.M KRISHNE GOWDA, ADVOCATE)

                   AND:


Digitally signed      STATE OF KARNATAKA
by CHAITHRA A         STATE BY NELAMANGALA TOWN P.S.
Location: HIGH        REPRESENTED BY
COURT OF
KARNATAKA             STATE PUBLIC PROSECUTOR
                      HIGH COURT OF KARNATAKA
                      BENGALURU-560 001.

                                                               ...RESPONDENT
                   (BY SRI.CHANNAPPA ERAPPA, HCGP)

                          THIS CRL.P IS FILED U/SEC.439 CR.PC BY THE ADVOCATE
                   FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT
                   MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN
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                                               NC: 2024:KHC:41753
                                           CRL.P No. 7673 of 2024




CR.NO.192/2016 OF NELAMANGALA TOWN POLICE NOW IN
S.C.NO.201/2017 PENDING BEFORE THE HONBLE VII ADDL.
DISTRICT AND SESSIONS JUDGE AT BENGALURU RURAL FOR
THE OFFENCE     P/U/SEC.302, 201, 114, 120B OF IPC AND
SEC.14(A)(B)(C) OF FOREIGNERS ACT AND U/SEC.12(A)(B)(D) OF
PASSPORT ACT AND ETC.

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE S VISHWAJITH SHETTY


                        ORAL ORDER

Accused No.1 in S.C.No.201/2017 pending before the

Court of VII Additional District and Sessions Judge,

Bengaluru Rural, arising out of Crime No.192/2016

registered by the Nelamangala Town Police, for the

offences punishable under Sections 302, 201, 114, 120B

of Indian Penal Code (for short 'IPC'), under Section

14(A)(B)(C) of Foreigners Act, 1964 and under Section

12(A)(B)(D) of Passport Act is before this Court under

Section 439 of Cr.P.C seeking regular bail.

2. Heard the learned counsel appearing for the

parties.

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3. Learned counsel for the petitioner submits that on

the merits of the case, the petitioner was granted regular

bail by the jurisdictional Sessions Court in Criminal

Miscellaneous Petition No.1095/2017 disposed of on

03.08.2017. He submits that after charge sheet was filed,

case was registered against accused in S.C.No.201/2017

and accused No.1 was appearing before the Trial Court

regularly till he was arrested on 18.01.2020 in Crime

No.22/2020 registered by the Siddapura Police Station,

Bengaluru for the offence punishable under Sections 370,

376, 363, 506 read with Section 34 of IPC, Section 6 of

Protection of Children from Sexual Offences Act, 2012

(for short 'POCSO Act') and Section 14(A)(B) of Foreigners

Act. He submits that in the present case, subsequently he

was produced under body warrant on 02.02.2021 and ever

since then, he is in custody. He submits that in Special

Case No.175/2020 arising out of Crime No.22/2020

registered by the Siddapura Police Station, the petitioner

has already served sentence. Accordingly, prays to allow

the petition.

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4. Per contra, learned HCGP has opposed the

petition. He submits that the petitioner is a foreign

national having criminal antecedents. If petitioner is

enlarged on bail, he is likely to flee away from the justice

and trial, in this case, is likely to be delayed. Accordingly,

he prays to dismiss the petition.

5. From the perusal of the materials placed on

record before this Court, it is noticed that on merits of the

case, the petitioner was enlarged on regular bail by the

Court of Principal District and Sessions Judge, Bengaluru

Rural District, Bengaluru in Criminal Miscellaneous Petition

No.1095/2017 disposed of on 03.08.2017. It appears that

subsequently, the petitioner was arrested in Crime

No.22/2020 registered by the Siddapura Police Station,

Bengaluru on 18.01.2020. Therefore, he could not appear

in the present case. Subsequently, he was produced under

body warrant in the present case on 02.02.2021 and on

the said date, he was remanded to judicial custody.

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6. Learned counsel for the petitioner has produced

the order dated 26.09.2024 passed by the Additional

District and Sessions Judge, FTSC-III, Bengaluru Rural

District, Bengaluru in Spl. Case No.175/2020 arising out of

Crime No.22/2020 registered by the Siddapura Police

Station, Bengaluru. On perusal of the same, it is evident

that the petitioner was convicted in the said case for the

offence punishable under Section 14(A) of the Foreigners

Act and he was sentenced to undergo simple

imprisonment for a period of 4 years and to pay fine of

Rs.10,000/-. Learned counsel for the petitioner submits

that the petitioner was arrested on 18.01.2020 and

therefore, he has already served his sentence in

Spl. Case No.175/2020.

7. Be that as it may, the fact remains that in the

present case the petitioner was enlarged on bail on the

merits of the case in Criminal Miscellaneous Petition

No.1095/2017 disposed of on 03.08.2017. The petitioner

could not appear before the Trial Court since he was

NC: 2024:KHC:41753

arrested in another case. Subsequently, he was produced

in the present case under body warrant on 02.02.2021

and ever since then, he is in custody.

8. Considering the aforesaid aspects of the matter,

I am of the opinion that the prayer made by the petitioner

for grant of regular bail is required to be answered

affirmatively subject to appropriate conditions. The

apprehension expressed by the learned HCGP can be

taken care of by imposing stringent conditions and in view

of the judgment rendered by the co-ordinate bench of this

Court in the case of BABUL KHAN & OTHERS V. STATE OF

KARNATAKA& ANOTHER in Crl.P.No.6578/2019 disposed

of on 19.05.2020, the petitioner being a foreigner, is

required to be sent to the State Detention Centre.

9. Accordingly, the following:

ORDER

(i) The Criminal Petition is allowed.

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(ii) The petitioner is directed to be enlarged on bail

in S.C.No.201/2017 pending before VII Additional District

and Sessions Judge, Bengaluru Rural, arising out of Crime

No.192/2016 registered by the Nelamangala Town Police,

for the offences punishable under Sections 302, 201, 114,

120B of IPC, under Section 14(A)(B)(C) of Foreigners Act,

1964 and under Section 12(A)(B)(D) of Passport Act,

subject to the following conditions:

a) The petitioner shall be released on bail on executing his personal bond for a sum of Rs.2 lakh with two sureties for the like sum to the satisfaction of the Trial Court.

b) The Trial Court is hereby directed that, at the time of releasing of the petitioner on bail, the Competent Authorities shall be informed to detain him in any of the Detention Centers in Bengaluru, till the trial is concluded.

c) It is also made clear that, under Section 3(2) of the Foreigners Act, if the Competent Authority feels that, by means of imposing restrictions on the movements of the petitioner by taking bond with or without surety for the

NC: 2024:KHC:41753

observance or as on alternative to the enforcement of any of the prescribed or specific restrictions or conditions can control their movements, such orders may be passed by the Competent Authority with intimation to the Court.

d) The petitioner shall not indulge in hampering or tampering the prosecution witnesses and he shall be made available to the Court on all the future hearing dates unless he is exempted by the Court for any genuine reasons or cause.

e) The petitioner however, shall not leave the jurisdictional of the Trial Court without prior permission till the case registered against him is disposed of.

f) The petitioner's passport, if any, shall be surrendered before the Trial Court and shall remain in the custody of the Trial Court until further orders is passed by the Trial Court with regard to custody of the passport or till the case is disposed of before the Trial Court.

SD/-

(S VISHWAJITH SHETTY) JUDGE NBM