- 1 - NC: 2025:KHC:3684 CRL.P No. 708 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 708 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI PRAVEEN SURENDIRAN S/O SURENDIRAN SHIVARAMAKRISHNAN, AGED ABOUT 40 YEARS, R/AT NO.A2052, ASSETZ EAST POINT, MARATHAHALLI OUTER RING ROAD, BELLANDUR 1ST CROSS VIVEKANANDA, BENGALURU - 560 103. ADDRESS SHOWN IN THE ADDITIONAL CHARGE SHEET MANKIRI, II CROSS STREET, KAMARAJA TENAVADAI ROAD,' MANAGIRI, MADURAI, TAMIL NADU-625 020 …PETITIONER (BY SRI. SRINIVAS RAO S S.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY CUBBON PARK POLICE STATION, REPRESENTED BY SPP HIGH COURT BUILDING, BENGALURU - 560 001. 2. SRI VAITHEESWARAN S, AGED ABOUT 60 YEARS, GROUP CEO M/S MEMG INTERNATIONAL INDIA PVT. LTD., M/S MANIPAL INTEGRATED SERVICES PVT. LTD., 5TH FLOOR, JW MARRIOTT HOTEL, 24/1, VITTALMALLYA ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI.THEJESH.P, HCGP FOR R-1 SRI. S.K VENKATA REDDY, ADVOCATE FOR R-2) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3684 CRL.P No. 708 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 11.11.2024 PASSED IN CC NO.7559/2019 BY THE III ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU, AND CONSEQUENTLY PERMIT THE PETITIONER TO TRAVEL TO FRANCE, TUNISIA AND KENYA FROM 20.01.2025 TO 29.05.2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the petitioner – accused No.10 in C.C.No.7559/2019 on the file of the III Addl. Chief Judicial Magistrate, Bengaluru, is directed against the impugned order dated 11.11.2024 whereby the application filed by the petitioner seeking to travel out of India from 04.11.2024 to 29.03.2025 was rejected by the Trial Court. 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. 3. A perusal of the material on record will indicate that in the aforesaid proceedings initiated against the petitioner – accused No.10 and other accused persons, the petitioner filed an application dated 18.02.2022 seeking release of his passport to - 3 - NC: 2025:KHC:3684 CRL.P No. 708 of 2025 travel abroad in view of commencement of the school of the petitioner’s son at Paris, France. The said application having been opposed by the respondents, the Trial Court passed an order dated 02.03.2022 rejecting the application filed by the petitioner. 4. Aggrieved by the said order, the petitioner approached this Court in Crl.P.No.1892/2022 which was partly allowed by this Court vide order dated 21.03.2022 directing release of the passport in favour of the petitioner and permitting him to travel abroad subject to certain various conditions including further orders to be passed in W.P.No.21035/2021 filed by the petitioner pending before this Court. 5. The respondent No.2 challenged the said order passed by this Court in Crl.P.No.1892/2022 dated 21.03.2022 before the Apex Court in SLP. (Crl.) No.3796/2022 in which the Apex Court passed an order dated 29.07.2022 and permitted the petitioner herein to travel abroad for a period of two months subject to furnishing security by way of immovable property to an extent of 2 crores, which was furnished by the petitioner. The said order reads as under: - 4 - NC: 2025:KHC:3684 CRL.P No. 708 of 2025 “Application seeking permission to file additional documents is allowed. Leave granted. Parties to complete the pleadings. List in the week commencing 15th November, 2022. On hearing learned counsel for parties, we consider appropriate to direct interim arrangements. In view of what we recorded on 18.07.2022, we accept the request of the respondent No.1 to submit security to the satisfaction of the Registrar of this Court of immovable property to the extent of Rs.2 crore. On acceptance of the said security, respondent No.1 is permitted to travel for period of two months from the date of travel. Respondent No.1 will file with the trial Court his schedule of travel with advance copy to the other side. On return to India, the respondent No.1 will file an affidavit in this Court in that behalf. We make it clear that insofar as the quashing of proceedings filed by respondent No.1 before the High Court is concerned, the pendency of the present appeal would not be an impediment for the same.” 6. It is a matter of record and an undisputed fact that the petitioner travel abroad after furnishing requisite security and subsequently, the Apex Court disposed of the said SLP (Crl.) - 5 - NC: 2025:KHC:3684 CRL.P No. 708 of 2025 No.3796/2022 (Cr.A.1104/2022) vide final order dated 15.11.2022 without interfering with the aforesaid order dated 21.03.2022 passed by this Court in Crl.P.No.1892/2022 referred to supra. However, in the said order dated 15.11.2022, the Apex Court directed that every time the petitioner herein intends to travel abroad, he would have to seek necessary permission from the Trial Court. The Apex Court also returned the original property papers which had been deposited back to the petitioner subject to the condition that the same shall be re-deposited and retained by the Trial Court whenever the petitioner travels abroad. 7. Subsequently, the petitioner filed the instant application seeking permission to travel abroad for the period from 04.11.2024 to 29.03.2025 for the purpose of supporting his son, Ishan Praveen who was selected to participate in various high intensity programmes sponsored by NTPT Foundation. The petitioner contended that M/s. My Team Tennis Performance Academy, France addressed a letter dated 18.09.2024 to the petitioner inviting him to accompany his son, Ishan as Assistant Coach and Parent guardian for the period from 04.11.2024 to - 6 - NC: 2025:KHC:3684 CRL.P No. 708 of 2025 29.03.2025 including participating in ITF junior Tennis Tournaments in Europe and Africa. 8. The said application filed by the petitioner having been opposed by the respondent No.2, the Trial Court proceeded to pass the impugned order rejecting the application on the sole ground that necessary supportive documents in this regard had not been produced. Aggrieved by the impugned order, petitioner is before this Court by way of the present petition. 9. A perusal of the material on record including the earlier order passed by this Court dated 21.03.2022 and the orders dated 29.07.2022 and 15.11.2022 passed by the Apex Court, referred to supra coupled with the invitation dated 18.09.2024 issued by M/s. My Team Tennis Performance Academy, France, is sufficient to come to the conclusion that the Trial Court clearly fell in error in rejecting the application filed by the petitioner without even referring to the aforesaid orders of this Court or the Apex Court nor the aforesaid invitation, all of which clear establish that the petitioner would be entitled to travel abroad for the purpose of his son’s tennis training, tournaments, etc., by imposing the same terms and conditions as directed by the Apex Court. Under these - 7 - NC: 2025:KHC:3684 CRL.P No. 708 of 2025 circumstances, I am of the considered opinion that the impugned order passed by the Trial Court rejecting the application filed by the petitioner is wholly erroneous and unsound warranting interference by this Court in the present petition, which deserves to be allowed by setting aside the impugned order and allowing the application filed by the petitioner and permitting the petitioner to travel to France, Tunisia and Kenya for the period from 02.02.2025 to 29.05.2025, as sought for in the petition by imposing certain conditions upon the petitioner. 10. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned order dated 11.11.2024 passed in C.C.No.7559/2019 by the III Addl. Chief Judicial Magistrate, Bengaluru, is hereby set aside and the application filed by the petitioner seeking to travel abroad is hereby allowed. (iii) *The petitioner is permitted to travel to France, Tunisia and Kenya from 02.02.2025 to 29.05.2025 *Corrected vide Chamber order dated 03.02.2025 - 8 - NC: 2025:KHC:3684 CRL.P No. 708 of 2025 as sought for in the petition subject to the petitioner furnishing security by way of immovable property to an extent of 2 crores, to the Trial Court. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS / SV List No.: 4 Sl No.: 4