- 1 - NC: 2025:KHC:15989 CRL.P No. 2449 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 2449 OF 2025 BETWEEN: SMT. MADHU JINDAL W/O PRAVEEN SURENDIRAN AGED ABOUT 39 YEARS R/AT D.NO. 2/359-1 SHENBAGAM STREET, GOMATIPURAM MELAMADAI, MADURAI – 625 020. …PETITIONER (BY SRI SANDEEP PATIL, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CUBBON PARK POLICE STATION REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU - 560 001. 2. SAURABH KUMAR SINGH S/O VIJAY SHANKAR SINGH AGED ABOUT 49 YEARS RESIDING AT NO.T3/401 PARSVANATH PRESTIGE-2 SECTOR 93A, NOIDA UTTAR PRADESH - 201 304. 3. REGIONAL PASSPORT OFFICER Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:15989 CRL.P No. 2449 of 2025 REGIONAL PASSPORT OFFICE 80FT ROAD, KORAMANGALA 8TH BLOCK, KORAMANGALA BENGALURU – 560 093. AMENDED CAUSE TITLE VIDE COURT DATED 09.04.2025. …RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1; SRI P.PRASANNA KUMAR, ADVOCATE FOR R2; SRI H.SHANTHI BHUSHAN, DSGI FOR R3) THIS CRL.P IS FILED U/S 482 OF CR.P.C (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 26.12.2023 PASSED IN C.C.NO.23541/2019 BY THE VIII ADDL. CMM, BENGLAURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking modification of the conditions of grant of bail inasmuch as, he intents to leave the jurisdiction of the concerned Court. 2. Heard Sri Sandeep Patil, learned counsel for petitioner, learned Additional State Public Prosecutor for respondent No.1, Sri P. Prasanna Kumar, learned counsel for respondent No.2 - 3 - NC: 2025:KHC:15989 CRL.P No. 2449 of 2025 and Sri Shanthi Bhushan H., learned Deputy Solicitor General of India for respondent No.3. 3. The petitioner is accused No.5 in crime No.137 of 2019. The petitions filed before this Court in Crl.P.No.6692/2019 and connected matters, seeking quashment of the proceedings have all been turned down. Therefore, the matter is pending before the concerned Court and now it is at the stage of framing of charges, is what is informed to this Court. 4. The issue in the lis does not pertain to the merit of the matter. As observed hereinabove, it is seeking modification of condition No.5 of the order granting anticipatory bail in Crl.P.No.6692/2019, dated 11.11.2019 and seeking permission to travel abroad. Condition No.5 reads as follows: “(v) Petitioners shall surrender their passport before the jurisdictional Magistrate.” 5. Sri Sandeep Patil, learned counsel for the petitioner would contend that for the last 6 years, the son of the petitioner is studying in Nice-France and the mother and the father have not been able to travel abroad. He would submit - 4 - NC: 2025:KHC:15989 CRL.P No. 2449 of 2025 that in terms of the directions of this Court dated 10.03.2025, petitioner - accused No.5 has filed an affidavit of the itinerary of travel and the date of return. The affidavit reads as follows: “Affidavit 1. I state that, I am the Petitioner in the case and I know the facts of the case. Hence, I am swearing to this Affidavit. The above Petition is filed questioning the Order dated 26.12.2023 in CC No. 23541/2019 by the VII Additional Chief Metropolitan Magistrate, Bangalore wherein my application seeking relaxation of Bail Condition No. v came to be rejected. 2. I state that I have surrendered my passport before the Magistrate in compliance of the condition No. v imposed in the Order of Bail dated 25.11.2019. I am seeking relaxation of the Bail Condition No.V since I have to visit France as my son attends school at Sports Etudes Concept, France. A copy of the School Certificate of my son is produced herewith along with translation. 3. I state that I have not been able to visit my son for the last five years on account of my passport having been deposited before the Learned Magistrate. I intend to travel to France on 12.04.2025 and stay in France with my son till 12.07.2025 i.e., for a period of three months. - 5 - NC: 2025:KHC:15989 CRL.P No. 2449 of 2025 The travel itinerary is produced herewith. Date From To 12.04.2025 Bengaluru Nice-France 12.07.2025 Nice-France Bengaluru 4. I state that the said travel is a necessity as I have not visited and spent time with my son for the past five years. Hence, I desire to travel for a period of three months in order to be with my son. The instant affidavit may kindly be accepted and my passport may kindly be released, in the interest of justice and equity.” 6. Sri P. Prasanna Kumar, learned counsel for respondent No.2 - de facto complainant would contend that during the pendency of the proceedings before this Court seeking quashment of the proceedings, the husband of the petitioner along with others approached the Apex Court seeking permission to travel in SLA (Crl.) No.3796/2022. The Apex Court permitted to travel imposing certain conditions, but the petitioner did not avail the same. Page No.05 is retyped and replaced vide court order dated 04.06.2025 - 6 - NC: 2025:KHC:15989 CRL.P No. 2449 of 2025 7. In the light of an identical plea of travel putforth by the husband of the petitioner before the Apex Court, the Apex Court in terms of the order dated 15.11.2022, passed the following order: “The original property papers deposited in the Court may be returned which will be deposited in the trial Court to be retained as security for purposes whenever respondent No.1 travels abroad.” In the light of the fact that the Apex Court permitting travel with certain conditions, I deem it appropriate to paraphrase those conditions of the order passed by the Apex Court quoted supra, to the subject order and permit the petitioner to travel, observing that, in the event of any deviation of the terms and conditions of the affidavit of undertaking, the matter would be viewed seriously and could result in proceedings being initiated by the passport authorities seeking impounding of passport. Page No.06 is retyped and replaced vide court order dated 04.06.2025 - 7 - NC: 2025:KHC:15989 CRL.P No. 2449 of 2025 8. Therefore, paraphrasing the direction of the Apex Court supra, condition No.5 in the order granting anticipatory bail dated 11.11.2019, in Crl.P.No.6692/2019 and connected matter, stands modified only for the aforesaid period. 9. For the aforesaid reasons, the following: ORDER a. The **Criminal petition is allowed. b. Condition No.5 quoted supra, is thus modified for a temporary period, qua the petitioner – accused No.5. c. The petitioner – accused No.5 is permitted to travel to Nice-France and granted two months time from the date of travel. d. The petitioner – accused No.5 shall file the schedule of travel with advance copy to the other side. e. On return to India, the petitioner – accused No.5 shall file an affidavit before this Court to that effect. f. The original property papers deposited may be returned which will be deposited in the trial Court to Page No.07 is retyped and replaced vide court order dated 04.06.2025 ** Corrected vide chamber order dated 25.06.2025 - 8 - NC: 2025:KHC:15989 CRL.P No. 2449 of 2025 be retained as security for purposes whenever the petitioner travels abroad. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 1 CT:SS Page No.08 is retyped and replaced vide court order dated 04.06.2025