IN THE COURT OF XLV ADDL. CITY CIVIL &
SESSIONSJUDGE, BENGALURU CITY (CCH-46)
DATED THIS THE 22ND DAY OF JULY, 2022
PRESENT:
Sri Manjunatha B.A., LL.B.,
XLV Addl. City Civil & Sessions Judge, Bengaluru.
Crl.Misc.No.5914/2022
BETWEEN
Namugrewa
A/a 32 Yrs.,
R/a No.3, Temple Street,
Kaverinagar, Hennur Bande,
Bengaluru.
And also at
Uganda National.

.. PETITIONER
(By Sri Johnson Moras, Advocate)
AND
State by Hennur Police Station,
Bengaluru.

.. RESPONDENT
(By learned Public Prosecutor)
ORDER ON BAIL PETITION FILED U/S.439 OF Cr.P.C.
The learned counsel for Petitioner has filed bail petition
U/s.439 of Cr.P.C., to release her on bail consequent upon her
remand to judicial custody in the case registered against her by
the Respondent Police on the Complaint of Sri Govindaraju,
Police Inspector, Women and Narcotics Squad, Bengaluru City,
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for the offences punishable U/s. 370 of IPC and 3, 4, 5 and 6, of
ITP Act and Sec.14 of Foreigners Act in their Crime No.
138/2022 in the interest of justice.
2. The contention of Petitioner is that she being foreign
national from Uganda and has been arrested on false and
fabricated allegations. It is contended that, she is innocent of
the offences alleged and she is ready to abide by any
conditions imposed by this Court while granting Bail. Further,
prayed for allowing this petition on the following grounds:a. The Petitioner contended that there is absolutely no
ground made out to proceed against her for the offences
alleged and the entire averments do not constitute the offences
alleged.
b. It is contended that, she is foreign National came to
India on business visa. She came to India for specific purpose
and her entry to India is with bonafide.
c. The arrest procedure of Respondent Police is illegal,
opportunity of hearing also not given to her in spite of that she
had not residing in the house No.3, Sai Layout, Temple Street,
Kaverinagar, Hennur Bande, Bangalore, on the date of the raid
conducted by the Police.
d. It is also contended that, without the permission of
foreign embassy and intimation, she has been arrested.
e. She is willing to abide by any conditions that may
impose by this Court and and to furnish surety to ensure her
regular appearance before the Court.

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3. The Learned Public Prosecutor has filed objection in
detail by submitting that the bail petition is not maintainable in
law or on facts of the case and for the reasons stated in the
objection she has prayed for dismissal of the bail petition.
4.

Heard the argument of both sides and perused the
materials on record.
5.

The following points that arises for consideration of
this Court are as under:-
1. Whether the petitioner has made out any
ground for her release on bail in Crime
No.138/2022 of Hennur P.S., at this stage
as sought for?
2. What order?
6. This Court has answered the above points are as
under:
Point No. 1
: In the Negative
Point No. 2
: As per final order
for the following:-.

REASONS
7. Point No.1: It is evident to note that the Respondent
Police has registered case against the Petitioner in Crime
No.138/2022 for the offences punishable U/s. 370 of IPC and
Sec.3, 4, 5 and 6 of ITP Act and Sec.14 of Foreigners Act on
the Complaint of Sri Govindaraju, Police Inspector, CCB,
Women and Narcotics Squad, Bengaluru, the said case has
been registered.

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It is alleged that the accused has taken house on rent
and was involved in Prostitution business by trafficking the
foreign national womens and girls.

It is the case of the
Prosecution that, the accused has violated the visa conditions
and involved in committing the alleged offecnes punishable
U/s.3, 4, 5 and 6 of ITP Act and Sec.370 of IPC and Sec.14 of
Foreigners Act within the limits of Respondent Police Station.
8. The contention of the petitioner is that she is innocent
of the offence alleged against her and she has not committed
any such offences. The learned counsel for Petitioner has
argued that the Petitioner will not abscond and she will abide
any conditions imposed by this Court. Further it is submitted
that, she will not tamper the prosecution witnesses and not
hamper the investigation.
9. The learned Public Prosecutor has contended that the
investigation is at the initial stage and it is yet to be completed.
Further it is contended that, at this stage it is too premature on
the part of this Court to come to the conclusion that the
Petitioner is innocent of the offences alleged against her and as
the investigation is still pending.
10. It is submitted by the learned counsel for petitioner
that Petitioner is a citizen of Uganda, who had come to India on
Visa for business and staying in the rented house belonging to
MRSP Habbibunisse as a tenant, in the flat No.3, Sai Layout,
Temple Street, Kaverinagar, Hennur Bande, Bangalore to
support her case the counsel has produced the xerox copy of
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passport of the petitioner.

Crl.Misc.No.5914/2022
On careful perusal of records it
disclose that the petitioner has not produced any documents
with regard to her visa, and has not produced any document to
show that the business that petitioner was involved in India.
The copy of visa is not produced.

It is very clear that the
materials on record prima- facie discloses that in support of her
case the Petitioner has failed to produce any documents in
support of her contention regarding her involvement in business
with valid visa.

It is very pertinent to note that the learned
public prosecutor has contended that the Investigation is still
under progress and if the petitioner is released on bail, there is
likelihood that she might not subject herself for Investigation
and present for trial before the Court. Hence, the Petitioner is
not entitled for bail considering the gravity and seriousness of
the offences alleged against her.
11. If the Petitioner is granted Bail there is chance of
Petitioner tampering with prosecution witnesses and thereby
hamper the investigation of the case. Since the investigation is
still pending. At this stage, there is no reason to disbelieve the
case of prosecution alleged against the Petitioner. Moreover,
the flesh market business has rapid growth in the cities and
spoiling the society and name of the Country in its own style.
12. The offences alleged against the Petitioner is not
punishable with death or imprisonment for life and it is
exclusively triable by this Court , but as per the reasons
mentioned above, the Petitioner is not entitled to the benefit of
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Crl.Misc.No.5914/2022
bail. If the petitioner is released there might be more chance of
the absconding.

Hence, there is no reason to grant bail in
favour of the petitioner.
13. Whatever the contentions put forth by the Petitioner in
the petition regarding merits of the case do not arise for
consideration of this Court at this stage, as the investigation of
the case is not completed. Accordingly, considering the fact of
the case and also in law, the Petitioner has failed to make out
any ground for granting bail in her favour at this stage as sought
for. Accordingly, I answer Point No.1 in the Negative .
14. Point No. 2: In view of answer of this court on point
No.1, this court pass the following:ORDER
The bail petition filed by the Petitioner U/s.439
of Cr.P.C., is hereby dismissed.
(Typed to my dictation by the Stenographer directly on Computer, corrected by me
and then pronounced in open Court on this the 22nd day of July, 2022)
(Manjunatha)
XLV Addl. City Civil & Sessions Judge, Bengaluru.

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Order pronounced in the open court
vide its separate order
ORDER
The bail petition filed by the petitioner
U/s.439 of Cr.P.C. is hereby dismissed.
(Manjunatha)
XLV Addl. City Civil & Sessions Judge, Bengaluru.