[Cites 7, Cited by 0]
Karnataka High Court
Onuoha Agha vs State Of Karnataka on 6 April, 2026
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2026:KHC:18594
CRL.P No. 4535 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 4535 OF 2026
BETWEEN:
ONUOHA AGHA
S/O AGHA
AGED ABOUT 42 YEARS
NIGERIAN NATIONAL
PASSPORT NUMBER - A12340512
VALID TILL - 19TH MAY 2027
DETAINED AT,
FOREIGNERS RESTRICTION CENTER
SONDEKOPPA, NELAMANGALA TALUK
BENGALURU - 562 123.
...PETITIONER
(BY SRI SOMANNA K. P., ADVOCATE)
Digitally signed by AND:
SANJEEVINI J
KARISHETTY
Location: High 1. STATE OF KARNATAKA
Court of BY CYBER CRIME P.S
Karnataka
REPRESENTED BY SPP OFFICE
HIGH COURT BUILDING
BENGALURU - 560 001.
2. DEPUTY SUPERINTENDENT POLICE
CYBER CRIME POLICE STATION
C.I.D HEAD QUARTERS
NO.1 CARLTON HOUSE
PALACE ROAD, BENGALURU - 560 001.
-2-
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CRL.P No. 4535 of 2026
HC-KAR
3. FOREIGNERS REGIONAL REGISTRATION OFFICER
5TH FLOOR, 'A' BLOCK
BMTC BUS STAND BUILDING
SHANTHI NAGAR, K.H.ROAD
BENGALURU - 560 027.
...RESPONDENTS
(BY SMT. B.PUSHPALATHA, ADDL. SPP FOR R1 AND R2
SRI SHANTHI BHUSHAN H., DSGI FOR R3)
THE CRL.P IS FILED U/S 482 OF THE CR.P.C PRAYING TO
QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.2783/2016
PURSUANT TO CHARGE SHEET DATED 18.01.2016, ARISING
OUT OF CR.NO.10/2015 DATED 01.07.2015 REGISTERED BY
THE CYBER P.S. CID HEADQUARTERS, BENGALURU FOR THE
OFFENCE P/U/S 66(d), INFORMATION TECHNOLOGY, ACT 2008
AND 420, 465, 466, 468, 474 R/W 34 OF IPC AND SEC.14 OF
THE FOREIGNERS ACT 1946 IN SO FAR AS THE PETITIONER IS
CONCERNED, PENDING ON THE FILE OF THE I ADDL.C.J.M
BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Petitioner - accused No.4, a Nigerian national, is before
this Court calling in question proceedings in C.C.No.2783/2016
(arising out of Crime No.10/2015), pending before the I
Additional Chief Judicial Magistrate, Bengaluru, for the offences
under Sections 420, 465, 466, 468, 474 r/w. 34 of the IPC,
Section 14 of the Foreigners Act, 1946 and Section 66(d) of the
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Information Technology Act, 2008. More particularly, the
petitioner, who is being placed in the detention centre for the
last 2 years, seeks a direction to the respondents to deport him
back to his country - Nigeria.
2. Heard Sri Somanna K.P., learned counsel for
petitioner, Smt. B. Pushpalatha, learned Additional State Public
Prosecutor for respondent Nos.1 and 2 and Sri Shanthi
Bhushan H., learned Deputy Solicitor General of India for
respondent No.3.
3. The learned counsel appearing for the petitioner
submits that the respondents may be directed to release the
petitioner to enable the petitioner to catch the next flight back
to Nigeria. The petitioner had also undertaken that he would
go back to Nigeria before the coordinate bench, which was
considering a petition in W.P.No.21173/2024, preferred by the
very same petitioner and the undertaking is also recorded in
terms of the order dated 17.11.2025. The undertaking is as
follows:
"Learned counsel for the petitioner submits
that he will file undertaking on affidavit of the
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petitioner stating therein that on his release from
the detention centre, he will immediately leave this
country and go back to his country.
Sri Madhukar M. Deshpande, learned counsel
appearing for the Union of India submits that if the
petitioner undertakes to leave this country
immediately on his release from the detention
centre, the Central Government will close the
pending cases against him and allow him to go back
from this country.
Post this petition on 04.12.2025."
4. Sri Shanthi Bhushan H., learned Deputy Solicitor
General of India appearing for respondent No.3 submits that
the petitioner will be deported to his country only if this Court
would direct the respondents and the petitioner has to bear the
costs.
5. In the light of the undertaking as afore-quoted, the
only direction that can be granted to the petitioner is that, he
shall forthwith leave the shores of this nation. Respondent
No.3 - the Foreigners Regional Registration Officer shall take
immediate steps to deport the petitioner out of the shores of
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this nation at his own costs, in terms of the Standard Operating
Procedure, on respondent Nos.1 and 2 - the State withdrawing
the prosecution, that is initiated against him, as they are all the
ones punishable with imprisonment for less than 7 years.
6. For the aforesaid reasons, the following:
ORDER
a. The criminal petition stands disposed.
b. Respondent Nos.1 and 2 - State shall withdraw the
prosecution in C.C.No.2783/2016 (arising out of Crime
No.10/2015), pending before the I Additional Chief
Judicial Magistrate, Bengaluru, against the petitioner
only and communicate such withdrawal to respondent
No.3 - the Foreigners Regional Registration Officer,
within a period of one week from the date of receipt of
a copy of this order.
c. The petitioner shall obtain emergency travel
documents from the Consulate of Nigeria and place it
before respondent No.3, forthwith, to enable the
petitioner to move out of the shores of this nation.
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d. Once the withdrawal of the proceedings / crime is
communicated to respondent No.3 - the Foreigners
Regional Registration Officer, respondent No.3 shall
take steps immediately to deport the petitioner out of
the shores of this nation in terms of his undertaking,
without brooking any delay, at the costs of the
petitioner.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA)
JUDGE
NVJ
List No.: 2 Sl No.: 40
