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Judgment
A.V. Chandrashekara, J.—1. Petitioner is the accused in Crime No. 196/2015 on the file of Bangalore International Airport Police, Bangalore Rural District. After concluding investigation, charge sheet is filed for the offence punishable under Section 420 of IPC and Section 7(2) r/w. Section 14 of the Foreigners Act. He is in judicial custody since December 2015. Hence, bail application is filed on his behalf before the V Additional District & Sessions Judge, Devanahalli is rejected. Hence, he has approached this Court seeking regular bail.
The facts leading to the filing of the bail application before this Court are as follows:
(a) In the morning on 25.12.2015, petitioner, holding a Nigerian passport approached Immigration Authorities at Bangalore International Airport for the departure clearance, to go to Logas via Dubai, by Flight No. EK-565. He had Indian visa and Mumbai Immigration stamps on the passport dated 27.11.2015. The Immigration Officer Mr. K. Chandran, suspected the genuineness of the said documents and he wanted further verification of the said records. On detailed enquiry with the petitioner, it was revealed that he came to Mumbai on 24.05.2013 on a single entry business visa which was valid from 30.4.2013 to 24.06.2013. Thereafter, he departed from India on 18.06.2013.
(b) Petitioner visited India again on 28.02.2015 and arrived at Mumbai on a double entry Indian business visa valid from 23.02.2015 to 19.6.2015. He stayed in Mumbai and was doing garment business in India, since he had obtained business visa. He over stayed in India. He approached an agent, who is also Nigerian, i.e. accused No. 2 and got fake single entry business visa with fake arrival and departure immigration stamps. He came to Bangalore on 24.12.2015 and wanted to go to Lagos via Dubai with the said fake documents. Immigration Authorities contacted the Mumbai International Airport and got confirmation that said Immigration stamps were fake. Immediately, Immigration Officer lodged complaint with the respondent-police. On that basis, case is registered for the aforesaid offences. Entire investigation is completed and charge sheet is filed.
What is argued before this Court by the learned counsel for the petitioner is that the offences are neither punishable with death nor imprisonment for life but exclusively triable by the JMFC Court. It is submitted that the petitioner would undertake to obey any conditions which may be imposed on him.
Per contra, learned SPP has vehemently opposed the bail application on the ground that prima-facie case is forthcoming in regard to the false documents possessed by the petitioner and unjustified over staying in India. He has requested this Court to dismiss the bail application.
Since the case on hand is in regard to the offence committed by a Foreign National, petitioner''s counsel had been directed to implead Union of India, represented by Secretary, Department of Foreign Affairs, New Delhi as respondent No. 2. Accordingly, Union of India is incorporated.
Sri Krishna S. Dixit, learned ASG has taken notice of the same and has submitted his argument at length inter alia contending that the petitioner has committed serious offence of creating false documents in order to suppress the material fact of over staying in India and he has violated the provisions of Foreigners Act, 1946 and Foreigners Order, 1948 and their allied legislation rules. Hence, he has requested this Court to dismiss the bail application.
Immigration Officer thoroughly interrogated the petitioner and has collected materials which are mentioned in the first information lodged to the police. Ultimately, petitioner being an Foreign National, not only over stayed in India, but in order to suppress the material fact of over staying in India, he had even gone to the extent of creating false documents with the help of another Nigerian, i.e. accused No. 2. The documents so possessed by him are apparently not valid documents. There are number of over staying Foreign Nationals in India and many of them have misused the purpose for which visa have been issued.
As rightly pointed out by the learned ASG, terrorism is a threat to India and Foreign Nationals who try to over stay in India without any valid visa may pose the problem to the safety and security of the country and cases of this nature will have to be handled effectively. There is a lot of force in the said submission. Even the xerox copy of the rent and identity card appear to be doubtful and period of visa was short. It is very difficult to believe that he was admitted in a college and studying BBM course. Investigation is still in progress and if bail is granted to this petitioner, it is likely to hamper the investigation. Taking into consideration all these aspects of the matter, this is not a fit case to grant bail at this stage.
Accordingly, bail application is dismissed.
The Court in which the charge sheet is filed will have to expedite the case on top priority without fail and prosecutor and learned counsel for the petitioner to co-operate with the Court in disposing of the case at the earliest.
It is needless to reiterate that this Court has dealt with at length about the Foreign Nationals over staying in India and course to be adopted in such cases by the criminal Courts vide detailed order passed by this Court in Crl. P. No. 7904/2015 dated 18.02.2016 - CHRISTIAN CHIDIEERE CHUKWU v. STATE OF KARNATAKA AND ANOTHER. The same shall be kept in mind while dealing with cases of this type.
Send a copy of this order to the concerned court at the earliest.