IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF JANUARY, 2021

BEFORE

THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

CRIMINAL REVISION PETITION No.1044 OF 2011

c/w

CRIMINAL REVISION PETITION No.1045 OF 2011

In Crl.R.P. No.1044/2011:

BETWEEN:

Chandrashekhar

S/o late Shivarudrappa

aged about 48 years

R/a D. No.138, 13th Cross,

Hebbal, Mysuru.

:PETITIONER

(By Sri M. Shashidhara, Advocate)

AND:

State of Karnataka

by Srirangapatna P.S.

:RESPONDENT

(By Smt. K.P. Yashodha, HCGP)

This Criminal Revision Petition is filed under Section

397 read with Section 401 of Cr.P.C. praying to set aside

the Judgment and Order dated 18.07.2011 passed in

Crl.R.P.No.1044/2011

c/w Crl.R.P.No.1045/2011

2

Crl.A.52/2010 by the P.O., Fast Track Court, Srirangapatna

and set aside the Judgment and Order dated 24.05.2010

passed in C.C. No.377/2009 by the Addl. Civil Judge (Jr.

Dn.) and JMFC, Srirangapatna and pass the order of

acquittal acquitting the petitioner of the charge and any

other order as the Court may deem fit, in the interest of

justice.

In Crl.R.P. No.1045/2011:

BETWEEN:

Ramesha Gowda

S/o Lakkappa Gouda

age major

R/at Balaganchi Village,

Hiriseve Hobli

Channarayapatna Taluk,

Hassan District.

:PETITIONER

(By Sri M. Shashidhara, Advocate)

AND:

State of Karnataka

by Srirangapatna P.S.

:RESPONDENT

(By Smt. K.P. Yashodha, HCGP)

This Criminal Revision Petition is filed under Section

397 read with Section 401 of Cr.P.C. praying to set aside

the Judgment and Order dated 18.07.2011 passed in

Crl.A.53/2010 by the P.O., Fast Track Court, Srirangapatna

Crl.R.P.No.1044/2011

c/w Crl.R.P.No.1045/2011

3

and set aside the Judgment and Order dated 24.05.2010

passed in C.C. No.378/2009 by the Addl. Civil Judge (Jr.

Dn.) and JMFC, Srirangapatna and pass the order of

acquittal acquitting the petitioner of the charge and any

other order as the Court may deem fit, in the interest of

justice.

These Criminal Revision Petitions coming on for

Orders through Video Conferencing / Physical Hearing this

day, the Court made the following:

ORDER

In both these cases, the petitioners who were accused

No.1 in C.C. Nos. 377/2009 and 378/2009 respectively have

challenged their conviction by the Court of Addl. Civil Judge

(Jr. Dn.) & JMFC at Srirangapatna (for brevity, “the Trial

Court”) for the offence punishable under Section 7 read

with Section 14 of the Foreigners Act, 1946 (for

brevity,“the Act”). The Judgments of conviction passed by

the Trial Court were further confirmed by the Fast Track

Court, Srirangapatna (for brevity the "Session Judge's Court)

in

the

criminal

appeals

Nos.52/2010

and

53/2010

respectively filed by the accused. Aggrieved by the same, the

accused have preferred the present revision petitions.

Crl.R.P.No.1044/2011

c/w Crl.R.P.No.1045/2011

4

2.

The common alleged facts leading to the

present revision petitions are that on 18.05.2009, based

on an information received by him, the Station House

Officer / Police Officer of the respondent – Police Station

visited the hotels with boarding and lodging on Mysuru –

Bengaluru Highway at Lakshmipura Gate within the limits

of respondent – Police Station which hotels were being run

by the present petitioners and noticed that some citizens

of

Bangladesh

were

permitted

by

the

present

petitioners/hotel keepers to stay in their lodges and were

also carrying on the activity of prostitution. The present

petitioners as the hotel keepers had not informed the

prescribed person under the Act about the stay of those

Bangladeshi citizens in their hotels / lodges and thus cases

were registered against the present petitioners and other

alleged Bangladeshi citizens who were said to be the

inmates of those two hotels/lodges, for the