B. Srinivasa vs State By Mandya East Police on 26 May, 2015

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Karnataka High Court

B. Srinivasa vs State By Mandya East Police on 26 May, 2015

Bench: P.S.Dinesh Kumar

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 26TH DAY OF MAY 2015

                          BEFORE

      THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR

          CRIMINAL PETITION No.2930 OF 2015

BETWEEN:

B. SRINIVASA
AGED ABOUT 39 YEARS
S/O BOREGOWDA
CIVIL ENGINEER
ANEKERE BEEDI
MANDYA
PRESENTLY WORKING AT MUSKET
                                        ... PETITIONER

      (By Sri : RAJU C. N., ADV.)


AND

STATE BY MANDYA EAST POLICE
MANDYA, REP BY SPP,
HIGH COURT OF KARNATAKA
BANGALORE-01

                                     ... RESPONDENT

      (By Sri. K NAGESHWARAPPA, HCGP)

      THIS CRL.P IS FILED U/S.439 (1)(b) CR.P.C PRAYING
THAT THIS TO RELAX THE CONDITION THAT IN THE
MONTH OF JUNE ACCUSED ON 1 SHALL APPEAR BEFORE
THE COURT AND FORTHWITH SHALL SURRENDER HIS
                                 2




PASSPORT      PASSED     IN         C.C.NO.346/2015   DATED
29.10.2014 PENDING ON THE FILE OF PRL. CIVIL JUDGE
& JMFC COURT MANDYA IN CR.NO.179/2014 EAST
POLICE MANDYA.


      This criminal petition coming on for orders this day,

the Court made the following:

                          ORDER

The petitioner, working as an Engineer working in Muscat, has filed this petition seeking relaxation of condition to surrender the passport in the order dated 20.10.2014 passed by the learned Prl. Civil Judge & JMFC., Mandya.

2. Heard Sri C.N. Raju, learned counsel appearing for the petitioner and Sri K.Nageshwarappa, learned High Court Government Pleader for the State and perused the records.

3. Learned counsel for the petitioner submits that he is a permanent resident of Mandya and has been working as an engineer in Muscat since 2011. The 3 petitioner undertakes to appear before the trial court as and when called upon to do so. He submits that the condition to surrender the passport before the trial court is harsh in as much as the same affects his livelihood as he is employed overseas.

4. Per contra, the learned HCGP opposes the petition contending that if the condition to surrender the passport is relaxed, the petitioner may flee the country and prays for dismissal of then petition.

5. A perusal of the complaint discloses allegations of demand for dowry and ill treatment. Incidentally, it is also mentioned about the complainant having joined her husband in Muscat for some period. Admittedly, the petitioner is an engineer working overseas, if he is directed to surrender his passport before the trial court, the same would affect his employment prospects. 4

6. In the circumstances, in my considered opinion, the conditions imposed by the learned Prl. Civil Judge & JMFC., in so far as surrender of passport is concerned requires to be modified. Accordingly, this petition is allowed. The condition to surrender the passport imposed by the Court below in C.C.No.199/2014, stands set aside. The petitioner shall appear before the learned Magistrate on the next date of hearing without fail. All other conditions imposed by the trial Court remain undisturbed. Ordered accordingly.

Sd/-

JUDGE Psg*

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