IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13th DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.5678 OF 2017 BETWEEN:
Sri. Chetan Shah S/o Sri.Navnital Shah Managing Partner Age 62 years, Ashapura Minechem Limited Jeevan Udyog Building, 3rd Floor, No.278, Dr.D.N.Road, Fort, Mumbai – 400 001.
Maharashtra. … Petitioner (By Sri. Vijetha R. Naik, Advocate) AND:
Central Bureau of Investigation Anticorruption Branch, Bellary Road, Bengaluru – 560 032.
Rep. by its Public Prosecutor (By Sri.P.Prasanna Kumar, Advocate) …Respondent This Criminal Petition is filed under Section 439(1)(B) Cr.PC. praying to relax the condition No.5 imposed in the bail order dated 04.03.2015 by the XXXII Additional City Civil and Sessions Judge and Special Court for CBI cases (CCH-34) in Spl.C.C.No.15/2014 and order to return the passport of the petitioner permanently.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER Heard, learned counsel appearing for petitioner and Sri. P. Prasanna Kumar, learned SPP appearing for respondent and perused the records.
2. Petitioner is seeking for relaxation of the condition No.5 imposed in the bail order dated 04.03.2015 passed in Spl.C.C.No.15/2014, whereunder, petitioner has been directed to surrender his passport to the Court, if not already surrendered. It is the contention of learned counsel appearing for petitioner that the petitioner is frequently traveling abroad in the capacity of Managing Director of the company M/s.Ashapura Minechem Ltd., for business purposes to meet foreign customers and exporters and as such, it would be very difficult for him to file applications repeatedly before the Special Court on every occasion he intends to travel abroad and as such, he prays for relaxation of said condition.
3. Per contra Sri.P. Prasanna Kumar, learned SPP appearing for respondent would oppose the prayer sought for in the petition contending that on earlier occasions when the application came to be filed by the petitioner seeking permission to travel abroad, respondent-CBI has indicated its no-objection and trial Court has also permitted the petitioner to travel abroad. Hence, he seeks for rejection of application.
4. Having heard the learned advocates appearing for the parties and on perusal of the records, it would disclose that petitioner is the Managing Director of the company M/s.Ashapura Minechem Ltd. and it is having branches at various locations abroad and whenever such necessity arose for the petitioner to visit countries abroad, applications have been filed on various dates and by orders dated 03.11.2015, 28.01.2016 and 09.06.2016 trial Court has permitted the petitioner to undertake such journey for such business purposes. At no point of time, trial Court has rejected the request of the petitioner. The condition imposed by the trial Court has been relaxed as and when necessity arose and same is in inconsonance with settled principles of law and the condition so imposed would also ensure the presence of the accused before the trial Court as and when required. In that view of the matter, this Court is of the considered view that, it is not a fit case to relax the condition No.5 imposed by the trial Court. No grounds are made out. Hence, the criminal petition is hereby rejected.
SD/- JUDGE MBM