EMEKA FABIAN; ONUOHA Vs. STATE UNION OF INDIA

JUDGEMENT

(1.) Itioners are accused nos.3 and 4 in a criminal case ion Crime No.10/15 on the file of respondent police station, a case registered punishable for various offences, viz., Sections 420, 465, 466, 468, 474, I.P.C., Sections 66(C) and 66(D) of Information Technology Act and Section 14 of the Foreigners Act, 1946. After concluding investigation, charge sheet is filed for the above said offences.

(2.) The bail application filed in Crl.Misc.8271/15 before the II Additional Sessions Judge, Bengaluru, (CCH.52) is dismissed vide order dated 12.1.2016 and hence they have approached this court. The 1st petitioner is a Nigerian national born on 4.4.1979 and his passport is valid from 7.10.2012 to 6.10.2017. He has obtained visa from this country to be in India from 15.5.2015 to 14.11.2015. The purpose for which visa is obtained is shown as 'business.' The 2nd petitioner is also a Nigerian national born on 7.7.1984 and has obtained passport valid from 8.8.2011 to 7.8.2016 and visa was valid from 14.11.2012 to 13.5.2013.

(3.) On the morning of 1.7.2015, Diwakar, police inspector of the respondent police station, along with CID staff, was on patrol duty within the limits of his police station. On receipt of credible information, he went along with his staff behind Garden City College and came to know that one person was living in the ground floor of a house in Sai Extension belonging to Smt.Amaravathi. Police wanted to catch hold of him. Somehow he escaped. When the police went inside the house of Smt.Amaravathi, they found a lady who disclosed her name as Lophia and that of her husband as Stellasteen Hugo. They found 8 mobiles, 3 SIM cards, one laptop, one MTS data card, 2 note books and 2 letterheads of Airport Authority Customs, and passport of Stell Hugo. She disclosed to them that they were being used by her husband. All the articles were seized. Police came to know that the husband of Lophia was involved in creating false and fake documents and he used to contact innocent people online assuring to get vehicles at a lesser price. Police also came to know that Stellasteen Hugo was in the habit of cheating people over mobile and online and also used to get money to his account.