- 1 - HC-KAR NC: 2025:KHC:22445 CRL.P No. 4349 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 4349 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI MOHAMMAD NASIR S/O ABBAS B, AGED ABOUT 26 YEARS, RESIDING AT TALAGUR VILLAGE, BALUR HOBLI, MUDIGERE TALUK, CHIKMAGALUR DISTRICT …PETITIONER (BY SRI. SRIKANTH B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BALUR POLICE STATION REP/BY PUBLIC PROSECUTOR BANGALORE-01 2. THE REGIONAL PASSPORT OFFICER BANGALORE REGIONAL PASSPORT OFFICE, 80 FEET ROAD, 8TH BLOCK, KORMANGALA, BANGALORE-560096 …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1; SRI.SHANTHI BHUSHAN, DSGI FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE IMPUGNED Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22445 CRL.P No. 4349 of 2023 ORDER DATED 16.04.2021 PASSED ON THE APPLICATION FILED BY THE PETITIONER IS S.C.NO.11/2021, BY THE PRL. DISTRICT AND SESSIONS JUDGE, CHIKMAGALUR VIDE ANNEUXRE-K. THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI ORAL ORDER Petitioner who is a arraigned as accused No.3 has filed this petition under Section 482 of Cr.P.C, with a prayer to set aside the order dated 06.03.2021 passed by the trial Court in SC.No.11/2021, rejecting his prayer for an order not to obstruct him from moving to Dubai. 2. In support of the petition, the petitioner has contended that his sister has filed a complaint against one Abdul Raheem, based on which case was registered in Cr.No.26/2019 and after conducting investigation charge sheet is filed in SC.No.11/2021, for the offences punishable under Sections 323, 324, 354, 427, 448, 504 and 506 of IPC against the said Abdul Raheem. - 3 - HC-KAR NC: 2025:KHC:22445 CRL.P No. 4349 of 2023 2.1 As a counter blast, Abdul Raheem filed a complaint in Cr.No.25/2019 against the petitioner and others for the offences punishable under Sections 143, 147, 148, 341, 307 r/w Section 149 of I.P.C and after conducting investigation, charge sheet is filed. In the said case, Petitioner has secured bail. 3. On 09.02.2021, while petitioner was traveling to Dubai, at Mangaluru Airport, he was stopped on the ground that a look-out notice is issued by the immigrant authorities. Therefore, he filed application with a prayer not to obstruct his travel to Dubai. The prosecution has filed objections stating that petitioner may not come back to India and thereby protract the proceedings. The Sessions Court rejected his application and ordered for keeping the passport of the petitioner in safe custody, with a direction that he shall not leave India without permission of the Court. - 4 - HC-KAR NC: 2025:KHC:22445 CRL.P No. 4349 of 2023 4. After securing bail, the petitioner has complied with all the conditions. Without there being any apprehension of petitioner absconding, look-out notice is issued and the Airport authorities have seized the passport of the petitioner. The brother of the petitioner is residing at Dubai and suffering from ill health. Petitioner always used to travel to Dubai. In the above facts and circumstances, it is necessary for him to visit Dubai. He is ready to abide by any conditions that may be imposed and hence, the petition. 5. In support of his arguments, learned counsel for petitioner has relied upon decision in Sri Praveen Surendiran vs State of Karnataka and Anr. (Praveen Surendiran)1 6. Sri.Shanthi Bhushan H, learned Deputy Solicitor General of India representing respondent No.2, Regional Passport Officer, fairly submitted that as per the decision of Hon'ble Supreme Court, the passport cannot be impounded by the investigation officer or Court. The look-out notice is 1 Crl.P.No.1892/2022 dated 21.03.2022. - 5 - HC-KAR NC: 2025:KHC:22445 CRL.P No. 4349 of 2023 no longer pending. The passport appears to have expired and it is required to be get renewed by the petitioner. While releasing the passport, condition may be imposed that if petitioner physically fails to appear before the Court, consistently for more than three hearing dates, his passport may be impounded leading to the consequences. 7. Heard arguments and perused the record. 8. Thus, in the light of pendency of case and crime No.25/2019, and the look-out notice, when petitioner tried to travel to Dubai, at Mangaluru Airport, he was stopped and his passport was seized and produced before the trial Court. Since a criminal case is pending against the petitioner, the trial Court has refused to release the passport on the ground that if petitioner leaves the country, he may not return to answer the charges. - 6 - HC-KAR NC: 2025:KHC:22445 CRL.P No. 4349 of 2023 9. In Suresh Nanda Vs CBI (Suresh Nanda)2 of the Hon'ble Supreme Court, held that as per Section 10 of the Passport Act, it is only the passport authority which is having jurisdiction to impound a passport and neither the investigating officer nor the Court is having any powers to impound or retain a passport. While releasing the passport, the trial Court may impose condition that, if the petitioner fails to appear before the Court for any specific hearing dates, then the investigating officer is at liberty to move the passport authorities for impounding the passport and also for issue of look-out notice. Relying upon this decision, the Co-ordinate Bench of this Court in Crl.P.No.1892/2022, also directed the trial Court to handover the passport to the petitioner therein. Of course, if the petitioner violates any of bail conditions, the trial Court is at liberty to cancel his bail also. However, apprehending that the petitioner may not return to India, the trial Court cannot refuse handing over of the passport. In the result, the petition succeeds and accordingly the following: 2 (2008) 3 SCC 674 - 7 - HC-KAR NC: 2025:KHC:22445 CRL.P No. 4349 of 2023 ORDER (i) Petition filed by the petitioner/accused No.3 under Section 482 of Cr.P.C is allowed. (ii) The trial Court is directed to handover passport to the petition/accused No.3 within a period of two weeks from the date of receipt of copy of this order. (iii) However, it is open to the respondent No.1- Police to approach the passport authorities under Section 10 of the Passport Act, for impounding the passport of the petitioner in accordance with law, after providing reasonable opportunity for him. (iv) The Registry is directed to send a copy of this order to the trial court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR / List No.: 1 Sl No.: 46