- 1 - HC-KAR NC: 2025:KHC:36367 WP No. 27406 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 27406 OF 2025 (GM-RES) BETWEEN: 1. SAMEER SAB @ SAMEER S/O MUNEER SAB AGED ABOUT 25 YEARS RESIDING AT ABUJAR COLONY NEAR ABUJAR MASJID, BILAL KHANDA GULUME, BHATKAL TALUK UTTARA KANNADA DUE TO EMPLOYMENT STAYING AT-IRAQI BUILDING AL MAJAZ 3, NEAR ETISALAT SHARJAH, UAE. …PETITIONER (BY SRI. HALEEMA AMEEN, ADVOCATE) AND: 1. THE STATE BY SHO BYNDOOR POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI, BANGALORE - 560001. 2. THE SUPERINTENDENT OF POLICE UDUPI DISTRICT, UDUPI. …RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP FOR R1) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36367 WP No. 27406 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER DATED 20.08.2025 AS PER ANNEXURE-F, DIRECT SUPERINTENDENT OF POLICE, UDUPI DISTRICT, TO NOT TO RESTRICT HIM FROM LEAVING THE COUNTRY AND TO ALLOW HIM TO TRAVEL TO SHARJAH, UAE, FOR THE PURPOSE OF RESUMING HIS DUTY OVER THERE, THE ACT OF POLICE WHICH IN PURSUANCE TO A CASE PENDING AGAINST HIM IN SPECIAL CASE NO. 89/2024, REGISTERED FOR OFFENCES PU/S 21(b), 22(b), 8(c), 20(b), 27B OF NDPS ACT AND 4, 25(1B)(B) OF ARMS ACT, PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, UDUPI AND ETC. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Petitioner is facing trial in Special Case No.89/2024, registered for the offences punishable under Sections 21(b), 22(b), 8(c), 20(b), 27B of NDPS Act and 4, 25(1B)(B) of Arms Act. In view of registration of crime, petitioner returned from Sharjah, UAE and surrendered before the jurisdictional Special Court, where the matter is now seized and has obtained bail. - 3 - HC-KAR NC: 2025:KHC:36367 WP No. 27406 of 2025 2. The petitioner submits that he is employed in Sharjah as a Sales Officer, which is evidenced by the identity cards produced at Annexures-C and D. He contends that he is willing to come to India whenever his presence is required in the pending case. The petitioner further states that, being gainfully employed in Sharjah, he is not in a position to abandon the employment which he has secured with great difficulty and which is essential for his livelihood. 3. The petitioner submits that, although the criminal proceedings in Special Case No.89/2024 are pending, the jurisdictional Police Officer is not permitting him to leave the country solely on account of the pendency of the said case. The petitioner expresses his readiness to abide by such terms as may be imposed and undertakes to appear before the Trial Court at all mandatory stages, namely, at the time of framing of charges, recording of statement under Section 313 of Cr.P.C., and pronouncement of judgment. - 4 - HC-KAR NC: 2025:KHC:36367 WP No. 27406 of 2025 4. In view of the petitioner’s willingness to furnish an undertaking as aforesaid, this Court is of the considered opinion that the petitioner is entitled to travel abroad, subject to filing an appropriate undertaking before the Court below. Upon such undertaking being filed, the respondents shall permit the petitioner to leave the country. 5. Accordingly, this Court passes the following: ORDER (i) The petition is allowed; (ii) The petitioner is permitted to travel to Sharjah, subject to his filing an undertaking before the Trial Court within three days from the date of receipt of a certified copy of this order, stating that he shall appear before the Court during the mandatory stages referred to above. (iii) It is further made clear that the petitioner shall forthwith appear before the Trial Court as and when so directed. (iv) Respondent No.2 shall forthwith communicate this order to the Immigration Authorities. - 5 - HC-KAR NC: 2025:KHC:36367 WP No. 27406 of 2025 (v) In the event the petitioner commits any breach of the above conditions, it is open to the Trial Court to take appropriate action in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 61