2026 Supreme(Online)(Kar) 11221
THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA
MIS JIRATCHAYA – Appellant
Versus
STATE OF KARNATAKA BY – Respondent
CRL.P 4375/2026
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NC: 2026:KHC:17155 CRL.P No. 4375 of 2026
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2026
BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 4375 OF 2026 BETWEEN:
MIS. JIRATCHAYA W/O MAHAMAD HANEEF AGED ABOUT 42 YEARS
R/AT NO-3/12, TOKLAO ROAD BUANGERN SUB DISTRICT
NAMPHONG DISTRICT KHAEN KAEN PROVINCE THAILAND – PIN - 40150
PRESENTLY AT FOREIGNER'S RESTRICTION
CENTRE FOR WOMEN DIBBUR COLONY
Digitally NEAR KYATHASANDRA signed by SANJEEVINI J TUMAKURU – 572 106.
KARISHETTY …PETITIONER Location:
High Court of Karnataka (BY SRI BASAVARAJU T.A., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY RAMAMURTHY NAGAR POLICE STATION
BENGALURU CITY, REPRESENTED BY
STATE PUBLIC PROSECUTOR PUBLIC PROSECUTORS OFFICE
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HIGH COURT BUILDING HIGH COURT OF KARNATAKA
AMBEDKAR VEEDI AT BANGALURU- PIN- 560 001.
2. SIDDALINGAYYA HIREMATH POLICE OFFICER-PC-17893
AGED ABOUT 32 YEARS RAMAMURTHY NAGAR POLICE STATION
BENGALURU CITY – 560 016.
3. THE FOREIGNERS REGIONAL REGISTRATION OFFICE (FRRO)
5TH FLOOR, ‘A’ BLOCK, TTMC, BMTC BUS STAND BUILDING, K.H. ROAD, SHANTHINAGAR,
BENGALURU – 560 027.
…RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL.SPP FOR R-1 AND R-2;
SRI H.SHANTI BHUSHAN, DSGI FOR R-3.)
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO DIRECT THE FRRO BENGALURU, TO DEPORT THE PETITIONER TO HER COUNTRY IN CONNECTION WITH CRIME NO-80/2026 OF RAMAMURTHY NAGAR POLICE STATION, FOR AN OFFENCE UNDER SECTION 143(2) OF BNS AND SECTION 3, 4, 5 OF I.T.P ACT, WHICH IS PENDING ON THE FILE OF HONBLE XI ADDL. CHIEF JUDICIAL MAGISTRATE
AT BENGALURU CITY.
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THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court seeking a direction to
respondent No.3 – the Foreigners Regional Registration Office to deport to her country – Thailand, on the score that she is one of the victims of a crime in Crime No.80/2026, pending before the XI Additional Chief Judicial Magistrate, Bengaluru, registered for the offences punishable under Sections 143(2) of the BNS and Sections 3, 4 and 5 of the Immoral Traffic
(Prevention) Act, 1956.
2. Heard Sri T.A.Basavaraju, learned counsel for
petitioner, Sri B.N.Jagadeesha, 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.
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3. On a credible information by the police on 03.02.2026, that at Trinity Thai Spa Wellness Centre, No.35, 2nd Floor, accused Nos.1 and 2 are running a brothel and trafficking women from different places within the jurisdiction of the respondents - police, the police conduct raid at 1.30 p.m., and arrested the petitioner and another. A crime is then registered on the score that a brothel is being run at the said place by the accused persons. While search and raid by the police, the petitioner – victim is rescued and is sent to the custody of the FRRO, Bengaluru, on 05.02.2026. Since then, the petitioner is staying in the detention centre. The averment in the petition is that, the petitioner is pleading that her Visa documents have expired and admits that she is over-staying in the Country and
wants to go back to her place - Thailand.
4. Learned counsel for the petitioner would take this
Court through the averments made in the petition to contend that the petitioner is wanting to go back to her country as she had come to India in search of job and become a victim at the hands of the accused persons. He would submit that the petitioner is suffering from psychological illness due to legal
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process for investigation, which is conducted by the police in the aforesaid crime and she is unable to go back to her country
on the score th