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Mr Udaya Kumar Shetty vs The State Of Karnataka on 6 August, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6TH DAY OF AUGUST, 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION No.5660 OF 2018

BETWEEN

Mr. Udaya Kumar Shetty,
Aged about 45 years,
Son of Late Mahabala Shetty,
Residing at Shedkuli,
Hemmunje, Nada Village,
Kolambe, Heroor Village,
Kundapura Taluk,
Udupi District-576201.
…Petitioner
(By Sri. P.P.Hegde, Advocate)

AND

The State of Karnataka
Through the Sub Inspector of Police,
Kundapura Rural Police Station,
Kundapura, Represented by
State Public Prosecutor,
High Court of Karnataka,
Bengaluru-560001.
…Respondent
(By Sri. Chetan Desai, HCGP)
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This Criminal Petition is filed under Section 439(1)(b)
of Cr.P.C. praying to modified condition No.4 imposed by
the Additional Civil Judge and JMFC, Kundapura in
C.C.No.515/2018, as per order dated 02.07.2018 and
direct the learned magistrate to return the passport to the
petitioner and permit him to go abroad to gain
employment.

This Criminal Petition coming on for orders this day,
the court made the following:

ORDER

This is a petition for relaxation of one of the bail

conditions imposed by the Magistrate, Kundapura while

granting bail to the petitioner in C.C.No.515/18 on

02.07.2018 on his file.

2. A private complaint came to be registered against

the petitioner at the instance of his wife for the offences

punishable under Sections 498A, 506 IPC and Sections 3

and 4 of Dowry Prohibition Act. On 02.07.2018, the

Magistrate court granted bail by imposing four conditions.

The fourth condition is that the accused/petitioner shall not
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leave India without prior permission from the court until

conclusion of the trial and that he shall also surrender his

passport before the court.

3. In obedience to same, on 03.07.2018, the

petitioner surrendered his passport before the Magistrate.

Now the petitioner has approached this court seeking

relaxation of condition no.4.

4. Heard the petitioner’s counsel and the High Court

Government Pleader.

5. In the private complaint, it is clearly written that

the petitioner was employed at Saudi Arabia at the time of

his marriage with the complainant. The petitioner’s

counsel also submitted that the petitioner is still employed

at Saudi Arabia and he will lose his job in case he does not

go back. It is also submitted by the learned counsel for

the petitioner that he is ready to appear before the court

at the time of framing charge and recording his statement

under Section 313 Cr.P.C. It is also his submission that his
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presence till trial may not be necessary as there is no

dispute with regard to his identity. Therefore the learned

counsel submits that a direction may be given to the

Magistrate to return the passport and condition No.4 may

be relaxed.

6. The High Court Government Pleader submits that

in case passport is returned to the petitioner, it is unlikely

that he will appear before the court and thereby trial will

be hampered.

7. The private complaint was registered in the year

2017. It is unlikely that this case will reach the stage of

trial within a short time in future. The employment of the

petitioner at Saudi Arabia is not disputed. The pendency

of a criminal case against the petitioner shall not come in

the way of his employment. The learned counsel for the

petitioner has made submission that the petitioner is ready

to appear before the court whenever his presence is

absolutely necessary before the court. In this background,

I am of the opinion that bail condition No.4 can be relaxed
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by subjecting the petitioner to some stringent conditions.

Hence the following:

ORDER

i. Condition no.4 imposed by the Magistrate

on 02.07.2018 is relaxed.

ii. Passport of the petitioner shall be returned

to him to enable him to go to Saudi Arabia.

The petitioner is subjected to following

conditions:

a) Whenever the presence of the petitioner is

absolutely necessary before the court, he shall

appear before the court without fail.

b) He shall execute another bond for Rs.2,00,000/-

and provide two sureties for the likesum to the

satisfaction of the Magistrate.
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c) He shall also provide a surety of an immovable

property, of the value equal to Rs.5,00,000/-

either standing in his name or in any of his

relative’s name.

d) The other conditions will remain in force.

Sd/-

JUDGE

sd

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