IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31st DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.5376/2019 BETWEEN:
Mrs. Suman Mahendra Kumar Singhi W/o Mr. Mahendra Kumar Singhi Aged about 46 years R/at 2/1A, Manath, Nanjappa Road, Shanthi Nagar, Bengaluru-560 027.
…Petitioner (By Sri B.V. Shankar Narayana Rao, Advocate) AND:
1. The Commissioner of Commercial Taxes Karnataka Vanijya Terige Karyalaya, Gandhi Nagar, Bengaluru-560 009.
2. The Additional Commissioner of Commercial Taxes (Enforcement) South Zone,VTK-2 Building, B-Block, 3rd Floor, 80 Feet Road, Koramangala, Bengaluru-560 047.
3. The Assistant Commissioner of Commercial Taxes (Enforcement-3) South Zone,VTK-2 Building, 80 Feet Road, Koramangala, Bengaluru-560 047.
4. The Deputy Commissioner of Commercial Taxes (Enforcement-5) South Zone,VTK-2 Building, 80 Feet Road, Koramangala, Bengaluru-560 047.
5. The Commissioner of Central Tax Bangalore East Commissionerate, 4th Floor, BMTC Building, Old Airport Road, Domlur, Bengaluru-560 071.
…Respondents (By Sri M.Divakar Maddur, HCGP for R1 to R4; Sri Jeevan J. Neeralgi, Standing Counsel for R5 ) This Criminal Petition is filed under Section 438 of Cr.P.C praying to pass an order relaxing conditions Nos. Vii) She shall not leave the jurisdiction of the Court without prior permission. Viii) She shall not leave the Country. ix) She shall surrender her original passports before the jurisdiction Court, in the order dated 15.04.2019 passed in Criminal Petition No.2485/2019.
This Criminal Petition coming on for Orders this day, the Court made the following:-
O R D E R The present petition has been filed by the petitioner Mrs.Suman Mahendra Kumar Singh praying this Court to relax condition Nos.7, 8 and 9 imposed by this Court in Criminal Petition No.2485/2019 by order dated 15.4.2019.
2. It is the submission of the learned counsel for the petitioner that this Court has granted anticipatory bail. No proceedings have been initiated so far and no charge sheet has been filed. Petitioner has complied all the conditions except surrendering of the passport. It is further submitted that petitioner is an International Swimmer having participated in several international swimming competitions including swimming through “English Channel” conducted by the Channel Swimming Association. Now she has been invited by the “Catalina Channel Swimming Federation”, Los Angeles, California to participate in the international swimming event scheduled from 6.8.2019. If the present conditions are imposed, she will not be in a position to participate in the said competition to represent the Country. On these grounds he prayed to allow the petition and to relax the conditions.
It is his further submission that after she come back to this Country, she is ready to abide by the conditions imposed by this Court.
3. The learned Standing Counsel for respondent No.5 vehemently argued and submitted that this Court after considering the gravity of the offence and participation of the petitioner has imposed the conditions. If the said conditions are relaxed and the petitioner is allowed to leave the Country, she may not come back and may not be available for the purpose of further investigation or for trial. He further submitted that the conditions can be relaxed for a limited purpose by re-imposing the same conditions and by modifying condition No.9 i.e. the petitioner shall surrender the original passport to the Investigating Officer. On these grounds he prayed to dismiss the petition.
4. The learned High Court Government Pleader also by substantiating the arguments of the learned Standing Counsel prays to dismiss the petition.
5. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
6. This Court by order dated 15.4.2019 allowed the petition by imposing the following conditions No.7 to 9.
“7. The petitioner shall not leave the jurisdiction of the Court without prior permission.
8. The petitioner shall not leave the Country.
9. The petitioner shall surrender the original passport before the jurisdictional Court.”
7. When the petitioner is intending to participate in the “Catalina Channel Swimming Federation”, and as it is an international swimming event scheduled from 6.8.2019 and even the invitation has also been produced along with the petition vide Annexure-D inviting the petitioner to participate in the said event, I feel that when the petitioner is representing the Country and participating in the international swimming event, I feel that if by imposing conditions if the earlier conditions are relaxed, then it is going to meet the ends of justice.
8. Accordingly, the petition is allowed and conditions No.7 to 9 imposed by this Court by order dated 15.4.2019 in Criminal Petition No.2485/2019 are relaxed for a period of four weeks from today.
9. The learned counsel for the petitioner undertakes that the petitioner will not extend her stay in USA beyond three weeks and immediately after the said event she will come back and report to the Investigating Officer and thereafter she shall not leave the Country without prior permission and she shall surrender the original passport to the Investigating Officer after her return.
Sd/- JUDGE *AP/-