IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.919 OF 2019 Between:
Sri.Alwin Vijay Kumar Stephen S/o Sri Stephen Roshan Kumar Aged about 35 years Residing at: No.4A, 1st Floor, 6th Cross, Aditya Layout, Ram Murthy Nagar, Bengaluru-560 016. …Petitioner (By Sri.P.B.Raju, Advocate) And:
1. State of Karnataka By Halasuru Traffic Police Station, Bengaluru-560 008.
Represented by Public Prosecutor, High Court of Karnataka, Bengaluru-560 001.
2. The Regional Passport Officer, Regional Passport Office, 8th Block, 80 Feet Road, Koramangala Bengaluru-560 095. …Respondents (By Sri.S.Rachaiah, HCGP for R1; Sri Birdy Aiyappa, CGC for R2) This Criminal Petition is filed under Section 482 of Cr.P.C praying to issue a direction to the 2nd respondent, to issue a regular validity passport to the petitioner on emergency basis forthwith, in lieu of his passport NO.R5418719, enabling and permitting him to travel, in the light of notification at Annexure K, notwithstanding the pendency of the Criminal Case NO.26594/2015 on the file of the metropolitan Magistrate Traffic Court-!, Mayo Hall, Bengaluru and etc., This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER Accepting the reasons assigned by the learned counsel appearing for petitioner, they are over ruled.
Though matter is listed for orders, I have heard the arguments of Sri. P.B. Raju, learned counsel for petitioner, Sri S.Rachaiah, appearing for respondent No.1-State and Smt.Birdy Aiyappa, learned Central Government Counsel appearing for respondent No.2 2. Petitioner has sought for a direction to respondent No.2 to issue a regular valid passport to the petitioner on emergency basis in lieu of his earlier passport bearing No.R5418719 to enable him to travel notwithstanding pendency of Criminal Case in C.C.No.26594/2015 on the file of the Metropolitan Magistrate Traffic Court-I, Mayo Hall, Bengaluru. Alternatively, he has sought for a direction to the learned Metropolitan Magistrate, Bengaluru, to permit him to travel and for a direction being issued by the learned Magistrate and directing the passport Authority to issue regular validity passport in lieu of his passport No.R5418719.
3. Perusal of the records would indicate that petitioner has secured a job in July 2012 in Dubai(U.A.E) on work Visa. At present, he is working at Dublin Ireland as Cloud Consultant. The Halasuru Traffic Police Station have registered a case against petitioner in C.C.No.26594/2015 for the offence punishable under Sections 279 and 304(A) of IPC in respect of Road Traffic accident which occurred on 01.03.2012 involving petitioner’s car bearing registration No.KA03/MM-4873. However, it seems that accused-petitioner has not appeared. As such, NBW came to be issued. However, in the meanwhile, his application for grant of bail has been allowed by order dated 08.01.2019, with following conditions:
i) Accused is enlarged on bail on executing personal bond for Rs.20,000/- and cash security of Rs.5,000/-
ii) Accused shall regularly attend the Court in all dates of hearing.
iii) Accused is directed to surrender his passport on the next date of hearing without fail.
iv) Accused shall pay fine of Rs.2,000/- towards bond amount which was executed before the investigating officer.
4. With regard to surrender of passport, condition which came to be imposed has been set aside by the learned Sessions Judge in Cr.No.25020/2019 vide order dated 01.02.2019. It is in this background, petitioner is said to have sought for grant of passport. In view of earlier passport which is said to have been lost, the Ministry of External Affairs by notification dated 25.08.1993 issued in exercise of power conferred by Clause (a) of Section 22 of the Passports Act, 1967, has exempted from the operation of the Clause (f) of sub-Section (2) of Section 6 of the said Act who are citizens of India and against whom proceedings in respect of an offence alleged to have been committed by them are pending before a Criminal Court in India, and who seek for issuance of passport subject to conditions stipulated thereunder and it includes that such persons should produce the orders of the concerned Court permitting them to depart from India. Thus, the Authority to grant permission to an accused to leave the territory of India is vested with the Judicial Magistrate and such permission is granted to an accused by the jurisdictional Court on recording its satisfaction.
5. Hence, this Court is of the considered view that it would be apt and appropriate to permit the petitioner herein to file appropriate application seeking leave of the Court to leave the territory of India in C.C.No.26594/2015.
6. Accordingly, Criminal petition stands disposed of by granting liberty to the petitioner to file appropriate application seeking leave of the Metropolitan Magistrate Traffic Court-1, Mayohall, CH-VI, Bengaluru, in C.C.No.26594/2015 to leave territory of India and in the event of such an application being filed, learned Magistrate shall consider the same keeping in mind the notification dated 25.08.1993 issued by Ministry of External Affairs and pass order thereon expeditiously and at any rate, within a period of ten days of filing of such application.
Government Advocate is permitted to file memo of appearance within a period of four weeks from today.
SD/-
JUDGE ag