IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MAY 2019 BEFORE THE HON’BLE Mrs. JUSTICE K.S.MUDAGAL WRIT PETITION No.20784/2019 (GM – RES) BETWEEN:
L.S.Prabhu Dev., S/o late L.S.Shivamurthy, Age 61 years, Retired Executive Officer, Taluk Panchayat, Davanagere, R/o No.417, “Nanasu”, 11th Main, MCC “B” Block, Davanagere – 577 004. ...Petitioner (By Sri.Mahesh R Uppin, Advocate) AND:
State of Karnataka, Through PSI, Lokayuktha Police, Davanagere – 577 001.
Represented by SPP, High Court of Karnataka, Bengaluru – 560 001. ... Respondent (By Sri.K.N.Puttegowda, Advocate) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying to permit the petitioner to leave the jurisdiction of the State of Karnataka and to visit Sydney from 05.05.2019 to 16.05.2019 in order to participate in the Religious Function conducted by “Shiva Sanchara” as prayed in Annexure – C.
This Writ Petition coming on for Preliminary Hearing, this day the Court made the following:
ORDER Sri.K.N.Puttegowda, learned Special Public Prosecutor is directed to take notice for respondent.
2. Heard.
3. The respondent-police registered Crime No.9/2014 against the petitioner and two others for the offences punishable under Sections 13(1)(c) and 13(2) of the Prevention of Corruption Act, 1988.
4. Petitioner and the other accused filed Crl.Misc.(LOK) Nos.853/2014 and 854/2014 before the Special Court, Davangere which is the jurisdictional Court. Vide order at Annexure ‘A’ dated 15.10.2014, the said Court allowed the said anticipatory bail petitions with certain conditions. Condition No.7 of the order reads as follows:
“The petitioners shall not abscond or leave the jurisdiction of the trial Court without prior permission of the Court”.
5. It is submitted that respondent-police have not yet filed the charge sheet in the matter. Learned counsel for the petitioner produces the copy of order of the trial Court dated 18.02.2015, where under petitioner was granted leave to visit foreign countries. He submits that twice such leave was granted.
6. On 27.4.2019, petitioner filed application before the trial Court seeking leave to visit Australia. The trial Court disposed of the application with the following endorsement:
“This Record has already destroyed vide office order No.27/10 dated 7.2.2019 Sd/-”
7. Aggrieved by the said endorsement, the petitioner is before this Court. Though the matter is four years old, there is no material to show that the charge sheet was filed. Further, the order copy produced by the learned counsel for the petitioner substantiates his contention that the petitioner was permitted by the trial Court to visit the foreign country.
8. The Endorsement stating that the records are destroyed is not a ground and the trial Court was expected to pass some order deciding the application. By not doing that, the trial Court has failed to exercise the jurisdiction vested in it.
9. The Hon’ble Supreme Court in Satish Chandra Verma Vs. Union of India and others in Civil Appeal No.3802/2019 (arising out of SLP (Civil) No.1655/2019) relying on its earlier judgment in Mrs. Maneka Gandhi Vs. Union of India and another (1978) 1 SCC 248 it was held that right to travel is human right and fundamental right and that cannot be infringed on the ground that vigilance clearance has not been given. Having regard to the facts and circumstances and the aforesaid judgment of the Supreme Court, the petition deserves to be allowed.
Petition is allowed. Petitioner is permitted to visit Australia from 05.05.2019 till 16.05.2019 subject to the following conditions:
(i) He shall furnish his tour program and copies of his VISA and passport to the Investigating Officer.
(ii) He shall execute personal bond in a sum of Rs.1,00,000/- and furnish one surety in the likesum to the satisfaction of the trial Court for his return from the foreign country, as undertaken in the application.
(iii) He shall appear before the trial Court on 17.5.2019.
Hand delivery of the operative portion of the order is permitted.
Sd/- JUDGE bkp