KABC010078412024 IN THE COURT OF THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU Dated this the 17th day of May, 2024 Present: Shri Muralidhara Pai B. B.Com., LL.B. Principal City Civil and Sessions Judge, Bengaluru. Crl. Misc. No. 2805/2024 Petitioner : Feroz Khan A., S/o Abdul Kadhar, Aged about 41 years, R/at No.19, Bilal Estate, South Ukkadam, CBE – 641 001. Also R/at 2-1, Archana Nagar, K.G.K Road, Kuriyamuthur, Coimbatore South, Tamil Nadu – 641 00. (By Sri Mohan Kumara B.M., Advocate) Vs. Respondent : The State of Karnataka, Vidhana Soudha Police Station, Bengaluru. [by Sri Chinnavenkataravanappa, Public Prosecutor] Crl.Misc.2805/2024

ORDER

This is a petition filed Section 439(1((b) of Cr.P.C., praying to modify Condition No.3 in the Order dated 4.3.2022 passed in Crl. Misc. No. 1909/2022 by this Court and to issue a direction to the Investigating Officer to release his Passport bearing No.Z5175317, in the interest of justice and equity.

2. The prosecution has filed objection to this petition.

3. Heard learned Counsel for Petitioner and learned

Public Prosecutor.

4. The following points would arise for the

consideration of this Court:

1. Whether the Petitioner has made out valid grounds to allow the petition?

2. What Order?

5. The findings of this Court on the above points are

under: Point No.1:- In the Affirmative; Point No.2:- As per final order; for the following: Crl.Misc.2805/2024

REASONS

6. Point No.1: The Petitioner has maintained

the present petition on 20.3.2024 praying to modify such direction and to direct the Investigating Officer to release his Passport. In this petition, the Petitioner has stated that currently he is residing in Bengaluru and he is looking after the business of Hotel/ Lodging run in the name and style of “I Residency” located at 5/7, 2nd Cross Road, Zuzuvadi, Maruthi Nagar 1st Stage, BTM Layout, Bommanahalli, Bengaluru. He has further submitted that his family resides in Dubai and that his children are studying in Buds Public School at Dubai. He has claimed that he needs to travel to Dubai often to pay the academic fee of his children and to meet school authorities apart from attending his business operations at Oman, Qatar and Dubai. As such he has prayed to allow the petition on the ground that he requires his Passport for his day-to-day affairs.

7. The case in question came to be registered based

on a complaint lodged by one Sri Venkataramani on the Crl.Misc.2805/2024 allegation that the accused have committed alleged crime by collecting a sum of Rs.7.20 Crores from him by way of service charges and by promising to arrange loan of Rs.360 Crores. The specific allegation against the Petitioner herein is that he had introduced Accused Nos. 6 & 7 to the de-facto Complainant and that the Petitioner has received Rs.2.20 Crores out of Rs.7.20 Crores, by way of hawala transfer. By now the Investigating Agency has completed investigation in the case and laid charge sheet before the Court, based on which this Court has taken cognizance of the alleged offenses and registered a case in Spl.C.C. No. 822/2021. According to the prosecution the Petitioner herein is involved in similar other case along with Accused Nos.6 & 7 and one more case is pending a them in Crime No. 2/2020 of K.P. Agrahara Police Station.

8. The case papers reveal that initially the

Investigating Officer had filed a charge sheet in the case against Accused No.7. The second charge sheet came to be filed on 2.8.2021 in the case by showing the Petitioner herein Crl.Misc.2805/2024 as Accused No.16 and that he is absconding. Thereafter, the Petitioner herein filed the petition in Crl. Misc. No. 1909/2022 and obtained an Order of anticipatory bail on 4.3.2022 and appeared before the Court on 28.3.2022 in Spl.C.C. No. 822/2021. Subsequently he is regularly appearing before the Court. In the Order dated 4.3.2022 this Court has directed the Petitioner to surrender his passport to the Investigating Officer. It seems the Petitioner has complied with the said direction and as such his passport is now in the custody of the Investigating Officer.

9. It is well settled that the passport of any person

cannot be withheld or confiscated for longer duration otherwise than as provided under the provisions of Passport Act. It seems this Court taking into consideration the facts & circumstances of the case and need of the presence of the Petitioner for further investigation in the case, had directed him to surrender his passport to the Investigating Officer. Now, the Investigating Agency has completed its investigation in the case and laid charge sheet before the Court. As such Crl.Misc.2805/2024 this Court does not find any need of allowing the passport of the Petitioner to be in custody of the Investigating Officer particularly when there is no reason to opine that the Petitioner is likely to flee from justice and when he has undertaken to abide by any condition imposed by the Court.

10. As already pointed out, the Petitioner has not only

claimed that presently he is residing in Bengaluru but also produced certain documents before the Court to show that he has got deep roots in the society. He has produced copy of Registration Certificate pertaining to his partnership business in the name of I Residency, copy of Partnership Deed, Pan Card, as well as copy of Sale deed dated 16.4.2019 to show that he has purchased a property bearing Khata No.7, Old No.5, PID No.66-78-7 in all measuring 1500 sq.ft. situated at Srinivasa Temple Street, Maruthi Nagar, Bengaluru as well as copies of his Income Tax returns etc. Further, this Court opines that the apprehension expressed by the prosecution can be taken care of by imposing proper conditions. For the foregoing reasons, this Court holds that the Petitioner has Crl.Misc.2805/2024 made out valid grounds to allow the petition. Accordingly, Point No.1 is answered in the affirmative.

11. Point No.2: In the result, this Court proceeds to

pass the following:

ORDER

The petition filed under Section 439 (1)(b) of Criminal Procedure Code is allowed. Consequently, Order dated 4.3.2022 passed in Crl. Misc. No. 1909/2022 is modified and the Investigating Officer is directed to return the original passport of the Petitioner to him forthwith by relaxing Condition No.3 in the said Order, subject to following conditions:

1. The Petitioner shall furnish a self

attested copy of his passport to the Investigating Officer at the time of receiving back his original passport.

2. The Petitioner shall not leave the

Country or undertake any foreign trip, without prior permission of the Court. Crl.Misc.2805/2024

3. The Petitioner shall furnish his

registered mobile and email ID to the Investigating Officer to receive any communication from Investigating Agency or the Court as the case may be.

4. The Petitioner shall adhere to other

conditions in Order dated 4.3.2022 passed in Crl. Misc. No. 1909/2022. (Dictated to the Stenographer Grade-II directly on the computer, typed by her, then corrected and pronounced by me in the Open Court on this the 17th day of May, 2024). (Muralidhara Pai B.) Principal City Civil & Sessions Judge, Bengaluru.