In a significant judicial order delivered on May 17, 2024, the Principal City Civil and Sessions Judge at Bengaluru, Shri Muralidhara Pai B., B.Com., LL.B., allowed Criminal Miscellaneous Petition No. 2805/2024. The court modified Condition No. 3 of its earlier anticipatory bail order dated March 4, 2022 (passed in Crl. Misc. No. 1909/2022) and directed the Investigating Officer to return the original passport of Feroz Khan A. (Accused No. 16 in Spl.C.C. No. 822/2021, arising from Vidhana Soudha Police Station).
Factual Matrix & Prosecution Allegations
The criminal proceedings originated from a complaint lodged by Sri Venkataramani alleging that the accused persons defrauded him of ₹7.20 Crores under the pretext of arranging a ₹360 Crore loan, collecting the amount under the guise of service charges.
The prosecution specifically alleged that:
- Feroz Khan A. introduced Accused Nos. 6 and 7 to the de-facto complainant.
- He received ₹2.20 Crores out of the total ₹7.20 Crores via hawala transfer.
- An initial charge-sheet was filed against Accused No. 7, followed by a supplementary charge-sheet on August 2, 2021, arraying Feroz Khan A. as Accused No. 16 (and showing him as absconding at that time).
- The petitioner is also involved in a similar matter alongside Accused Nos. 6 and 7 under Crime No. 2/2020 at K.P. Agrahara Police Station.
Following the supplementary charge-sheet, Feroz Khan A. obtained anticipatory bail on March 4, 2022, subject to conditions including the surrender of his passport to the Investigating Officer (Condition No. 3). He subsequently surrendered his passport and has regularly appeared before the Special Court in Spl.C.C. No. 822/2021 since March 28, 2022.
Details of the Petitioner
- Name: Feroz Khan A.
- Age: 41 years
- Father’s Name: Abdul Kadhar
- Permanent Address: No. 19, Bilal Estate, South Ukkadam, Coimbatore – 641 001, Tamil Nadu. (Also at: 2-1, Archana Nagar, K.G.K Road, Kuriyamuthur, Coimbatore South, Tamil Nadu – 641 008).
- Local Address & Business: Managing partner/operator of “I Residency” (Hotel/Lodging), located at 5/7, 2nd Cross Road, Zuzuvadi, Maruthi Nagar 1st Stage, BTM Layout, Bommanahalli, Bengaluru.
- Passport Details: Passport No. Z5175317.
Arguments Advanced by the Petitioner
Appearing on behalf of the applicant, learned advocate Sri Mohan Kumara B.M. submitted the following grounds seeking modification of the bail condition and release of the passport:
- Family and Overseas Commitments: The petitioner’s family currently resides in Dubai, and his children study at Buds Public School in Dubai. He requires frequent travel to Dubai to pay academic fees, attend to school matters, and oversee his business operations across Oman, Qatar, and Dubai.
- Completion of Investigation: The Investigating Agency completed its investigation and filed a comprehensive charge-sheet, culminating in Spl.C.C. No. 822/2021. Custodial retention of the passport is no longer required for investigation.
- Deep Roots in Society: The petitioner produced documentary proof showing substantial local business ties and immovable property in Bengaluru, including:
- Registration Certificate and Partnership Deed for “I Residency”.
- PAN Card and Income Tax Returns.
- Registered Sale Deed dated April 16, 2019, for a property measuring 1,500 sq. ft. situated at Srinivasa Temple Street, Maruthi Nagar, Bengaluru (Khata No. 7, Old No. 5, PID No. 66-78-7).
- Regular Trial Attendance: The petitioner has faithfully abided by all bail conditions and regularly attended court proceedings since March 2022.
Prosecution Objections
The Public Prosecutor, Sri Chinnavenkataravanappa, strongly opposed the application, submitting that:
- The petitioner is accused of serious financial offences involving a ₹7.20 Crore fraud and hawala transactions.
- He is involved in another pending case (Crime No. 2/2020 at K.P. Agrahara Police Station).
- Releasing his original passport might facilitate his flight from justice and hinder ongoing judicial proceedings.
Judicial Findings & Legal Principles
Principal City Civil and Sessions Judge Shri Muralidhara Pai B. evaluated the arguments, case diary, and documentary evidence to answer Point No. 1 in the affirmative based on the following key legal determinations:
1. Retention of Passports Post-Investigation
The court observed that a citizen’s passport cannot be impounded or held indefinitely by investigating agencies outside the framework of the Passports Act, 1967. The initial condition requiring passport surrender was aimed at ensuring cooperation during investigation. Since the investigation is fully complete and the charge-sheet filed, continued custody of the passport by the police serves no further investigative purpose.
2. Absence of Flight Risk & Local Roots
The court noted that the petitioner demonstrated strong social and economic roots in Bengaluru through registered property ownership, active business partnerships, and tax filings. His consistent appearance in court for over two years demonstrated a commitment to face trial rather than flee justice.
3. Balancing Personal Liberty with Trial Safeguards
Relying on the fundamental right to personal liberty and travel, the court held that prosecution fears of absconding can be adequately mitigated by imposing strict conditions—such as requiring prior court permission before any foreign travel—rather than retaining the passport indefinitely.
Final Order & Imposed Conditions
Answering Point No. 1 in the affirmative, the court allowed the petition under Section 439(1)(b) Cr.P.C. and modified the order dated March 4, 2022 passed in Crl. Misc. No. 1909/2022.
Directions to the Investigating Officer:
The Investigating Officer is directed to forthwith return original Passport No. Z5175317 to the petitioner by relaxing Condition No. 3, subject to the following terms:
- Self-Attested Copy: The petitioner shall furnish a self-attested copy of his passport to the Investigating Officer upon receiving the original.
- Prior Permission for Travel: The petitioner shall not leave the country or undertake any foreign travel without obtaining prior permission from the Court.
- Contact Details: The petitioner shall furnish his registered mobile number and email ID to the Investigating Officer for receiving official communications from the agency or the Court.
- Adherence to Other Conditions: The petitioner shall strictly adhere to all other conditions stipulated in the original anticipatory bail order dated March 4, 2022.