In Criminal Petition No.467/2021, the High Court of Karnataka rejected the petitioner's prayer to relax bail conditions regarding passport surrender, deeming the request unjust and improper.
Prayer for unconditional return of passport was rejected; criminal petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JANUARY, 2021
BEFORE
THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO
CRIMINAL PETITION No.467/2021
BETWEEN:
S ZULFIQAR AHMED KHAN S/O LATE SANAULLA KHAN AGED ABOUT 45 YEARS RESIDING AT No.248-D, J.M.ROAD, ILYAZ NAGAR BANGALORE – 560 078. ..PETITIONER
(BY SRI SHAIK ISMAIL ZABIULLA, ADVOCATE)
AND:
THE STATE OF KARNATAKA BY CUBBON PARK POLICE BANGALORE CITY, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 560 001. ..RESPONDENT
(BY SRI ROHITH B J, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (1)(b) OF CR.P.C. PRAYING TO RELAX THE CONDITION No.III WHICH IS IMPOSED IN THE ORDER DATED 19.03.2018 IMPOSED IN CRL.P.No.922/2018 BY THE CO-ORDINATE BENCH OF THIS HON’BLE COURT AND
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CONSEQUENTLY GRANT PERMISSION TO TRAVEL ABROAD FOR HIS BUSINESS PURPOSE TO EARN HIS LIVELIHOOD.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for petitioner submits that condition No.III was imposed by this court while granting bail to petitioner on 19.03.2018 and he seeks for relaxation of the said condition. Learned counsel submits that petitioner had already sought permission and condition was relaxed and he was permitted to go to Singapore and come back. After returning he submitted the passport. Now on the ground that investigation is complete petitioner wants the passport to be returned to him.
under:
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“(iii) The petitioners shall not leave the country until further orders by the trial court. If they are holders of Passport they shall surrender the same before the Investigating Officer under acknowledgment.”
condition. Petitioner is seeking for unconditional return of Passport. The approach does not appear to be just and proper.
Criminal Petition is rejected.
Sd/JUDGE
SBN
1 issue framed by the court
Whether bail conditions requiring passport surrender should be relaxed to allow unconditional return of passport.
1 provisions across 1 enactments
S Zulfikar Ahmed Khan
The State of Karnataka
N.K.Sudhindrarao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
