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NC: 2023:KHC:44055

CRL.A No. 1858 of 2017

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF DECEMBER, 2023

BEFORE

THE HON'BLE MR JUSTICE G BASAVARAJA

CRIMINAL APPEAL NO. 1858 OF 2017

BETWEEN:

STATE OF KARNATAKA BY

H.S.R. LAYOUT POLICE STATION,

BENGALURU. REP. BY THE

STATE PUBLIC PROSECUTOR,

HIGH COURT BUILDING,

BENGALURU - 01.

…APPELLANT

(BY SRI. M.R.PATIL, HCGP)

AND:

ABDUL HALEEM,

S/O ABDUL HAL ALANDAR,

AGED ABOUT 23 YEARS,

RESIDING IN A PLASTIC SHED

NEAR BELLANDUR LAKE,

BENGALURU - 560 103

PERMANENT RESIDENT OF

SHERANKHULLA VILLAGE,

RAYINDA THANA,

BAGEERHAT DISTRICT,

BANGLADESH.

…RESPONDENT

THIS CRL.A. IS FILED U/S.378(1) AND (3) OF CR.P.C

PRAYING TO GRANT LEAVE TO APPEAL AGAINST THE

JUDGEMENT AND ORDER DATED 29.08.2017 PASSED BY THE

LXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,

BENGALURU CITY (CCH-69) IN S.C.NO.623/2016 ACQUITTING

THE RESPONDENT-ACCUSED FOR THE OFFENCE PUNISHABLE

UNDER SECTION 14(c) OF FOREIGNER'S ACT, 1946 AND SET

Digitally signed

by SANDHYA S

Location: High

Court of

Karnataka

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CRL.A No. 1858 of 2017

ASIDE THE JUDGEMENT AND ORDER DATED 29.08.2017

PASSED BY THE

LXVIII ADDITIONAL CITY CIVIL AND

SESSIONS

JUDGE,

BENGALURU

CITY

(CCH-69)

IN

S.C.NO.623/2016 ACQUITTING THE RESPONDENT-ACCUSED

FOR THE OFFENCE PUNISHABLE UNDER SECTION 14(c) OF

FOREIGNER'S ACT.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

JUDGMENT

Heard on admission.

2.

The State has preferred this appeal against the

judgment

of

acquittal

dated

29.08.2017

in

SC.No.623/2016 passed by the LXVIII Additional City Civil

And Sessions Judge, Bengaluru City (CCH-69).

3.

The rank of the parties in this appeal are

referred in the same rank as referred by the trial Court.

4.

The leaned High Court Government Pleader

Sri.M.R.Patil for the State has submitted his arguments

that the impugned judgment of acquittal passed by the

trial Court is illegal, invalid and contrary to law and

evidence and materials on record. Hence, the same is

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CRL.A No. 1858 of 2017

liable to be set aside. The reasons assigned by the trial

Court while passing the impugned judgment and order of

acquittal are erroneous and has caused substantial

miscarriage of justice. The trial Court has erred in not

appreciating prosecution witnesses and materials placed

on record in its proper perspective while acquitting the

accused

and

the

same

is

resulted

in

substantial

miscarriage of justice.

5.

The trial Court has not properly appreciated the

evidence of PWs.1 to 3 in accordance with law. The trial

Court has taken note of provisions contained in Section

14(A)(a) of the Foreigner's Act, 1946 (for short 'the Act').

The trial Court has erred in drawing adverse inference on

the

prosecution

for

not

producing

the

necessary

notification disclosing the illustrations of entry of any

person into India. On such, a finding is recorded on the

basis of a chart which has not been left against the

accused. The prosecution had no opportunity to produce

notification since it was seeking to prove a charge under

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CRL.A No. 1858 of 2017

Section 14(c) of the Act and not one under Section

14(A)(a) of the Act. Finding of the trial Court on this

aspect is perverse and liable to be interfered. On all these

grounds, he sought for allow this appeal.

6.

Brief facts of the prosecution case are that:

The Police Sub-Inspector Sri.M.Nagaraju of H.S.R.

Layout Police Station received credible information on

27.01.2016 at about 8.40 p.m. that some Bangladesh

citizens have been staying near Bellandur lake by putting

up

plastic

tents,

without

any

valid

documents.

Accordingly, the Police Sub-Inspector along with CWs.2