IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1693 OF 2019 BETWEEN:
Syed Riyazathulla, S/o.Late Syed Rahmathulla, Aged about 60 years, Residing at No.603, J2B, Judicial Block, National Gams Village Complex, Koramangala, Bengaluru-560 047.
Now R/at No.617, 1st ‘E’ Cross, 8th block, Koramangala, Bengaluru-560 047.
(By Sri.Hashmath Pasha, Senior Counsel for Sri.Ranjankumar P, Advocate) AND:
State of Karnataka by Lokayukta police, Bengaluru City Division, Investigated by Special Investigation Team, Bengaluru-560 001.
Represented by the learned ...Petitioner Special Public Prosecutor, High Court of Karnataka Bengaluru-560 001.
(By Sri.Ashok N.Naik, HCGP) ... Respondent This Criminal Petition is filed under Section 439(1)(b) of Criminal Procedure Code praying to relax/modify the condition No.5 in para No.5, stating “the first accused shall surrender his passport to the concerned Court, if not seized during investigation by the investigation Authority” of the bail order dated 19.09.2016 passed in Criminal Petition No.3959/2016 and his passport my kindly be released in his favour, by allowing this petition.
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 petitioner- accused No.1 under Section 439(1)(b) of Cr.P.C. praying this Court to relax or modify the condition No.5 imposed by this Court in Cr.P.No.3959/2016 dated 19.09.2016.
2. I have heard the learned senior counsel Sri.Hasmath Pasha for petitioner and the learned Special Public Prosecutor Sri.Ashok N.Patil for respondent-State.
3. It is the submission of learned counsel for the petitioner that this Court by order dated 19.09.2016 in Crl P.No.3959/2016 has granted the bail and while granting the bail it has imposed the condition No.5 that the “accused No.1 shall surrender his passpsort to the concerned Court, if not seized during the investigation by the Investigating Authority”. As per the said order, the petitioner accused has surrendered the passport. It is further submitted that petitioner is intending to go to Mekka and Madina in Soudi Arabia on pilgrimage in the month of May and June, particularly from 05.05.2019 to 15.06.2019 during the holy month of Ramzan festival and as such, he requires the original passport to visit Mekka and Madina. He further submits that previously for last two years the petitioner applied for similar relief for relaxation of the condition. This Court by order dated 11.05.2017 and 23.04.2018 was pleased to relax the condition No.5 and returned the passport. He further submitted that if frequently same exercise if it is done, it is going to burden the Court and as such, he prays that the condition No.5 may be relaxed or modified and some other reasonable condition may be imposed, so as to avoid the burden of the Court. On these grounds, he prayed to allow the petition.
4. Per contra, learned Special Public Prosecutor vehemently argued and contended that after considering the facts and circumstances of the case, this Court has imposed condition No.5 to surrender the passport. If the entire condition, if it is relaxed or modified, the accused-petitioner may abscond and he may not be available for trial. Hence, he prayed to dismiss the petition.
5. I have carefully and cautiously gone through the submission made by the counsel appearing for parties and perused the records.
6. This Court by order dated 19.09.2016, in Crl.P.No.3959/2016 granted the bail and imposed various conditions. The said condition No.5 reads as below:
“5. The first accused shall surrender his passport to the concerned Court, if not seized during the investigation by the Investigating Authority.”
7. It is the submission of the learned counsel for the petitioner that the petitioner is intending to go to Mekka and Madina on pilgrimage in the month of May and June 2019, and during the said month the holy month of Ramzan festival will be there. I feel, if condition No.5 is relaxed and modified to the effect that if accused-petitioner wants to leave the country he must intimate the concerned jurisdictional Court and obtain necessary permission in future with the condition that he has to give the details, when he is going and will return and address where he will be available. The said aspect is also to be subsequently mentioned in the intimation given to the Court.
8. With the above observations, condition No.5 is relaxed and the passport surrendered by accused No.1 is ordered to be returned to accused No.1.
Accordingly, petition stands disposed of.
Sd/- JUDGE ag