IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2018
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION No.5660 OF 2018
Mr. Udaya Kumar Shetty,
Aged about 45 years,
Son of Late Mahabala Shetty,
Residing at Shedkuli,
Hemmunje, Nada Village,
Kolambe, Heroor Village,
(By Sri. P.P.Hegde, Advocate)
The State of Karnataka
Through the Sub Inspector of Police,
Kundapura Rural Police Station,
Kundapura, Represented by
State Public Prosecutor,
High Court of Karnataka,
(By Sri. Chetan Desai, HCGP)
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
This Criminal Petition coming on for orders this day,
the court made the following:
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
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
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
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
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
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
by subjecting the petitioner to some stringent conditions.
Hence the following:
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
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.
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
d) The other conditions will remain in force.