A Bangladeshi national has been languishing in jail for the past four years without even being produced before a trial court.
The 27-year-old Khokan Khan was arrested by the city police in a robbery case in 2013. He, along with Mohammed Sagar, a native of West Bengal, was accused of robbing a person by sneaking into a house in Subramanyapura. Sagar managed to get the bail while Khan has not even been produced before the court.
Both were also said to be involved in a similar criminal offence in Delhi.
On September 18, a petition seeking bail before the High Court of Karnataka was rejected on the grounds that he had entered the country illegally and committed the crime here.
Justice Rathnakala refused to grant bail and said, "The petitioner's stay in the country cannot be legalised by granting bail."
The petitioner's counsel, M Krishne Gowda, claimed that Khan was issued a voter's identity card by the Election Commission of India which he has not yet produced before the trial court.
Assistant Solicitor General Krishna S Dixit informed the court that though Sagar was granted bail by the trial court, Khan should not be granted bail as he is an illegal immigrant. The further said Khan had violated Section 14 of the Foreigners Act, 1946, by not only entering the country without a visa but also overstaying. He said if bail was granted, he would "disappear forever".
The judge ordered the lower court to verify the voter's card produced by Khan and hear the case on a day-to-day basis to conclude the trial in six months.
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