- 1 - HC-KAR NC: 2025:KHC:34908 WP No. 26358 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 26358 OF 2025 (GM-RES) BETWEEN: 1. MOHAMED ASHRAF ARAKKAL KOOTTINTAKAYIL S/O ARAKKAL VETTATH AHMEDKUTTY AGED ABOUT 69 YEARS R/A PUDUMANASSERY, PAVARATTY P.O PAVARATTY, THRISSUR KERALA-680507. 2. SHAJITHA MOHAMED ASHARAF W/O MOHAMED ASHRAF ARAKKAL KOOTTINTAKAYIL AGED ABOUT 64 YEARS R/A PUDUMANASSERY, PAVARATTY P.O PAVARATTY, THRISSUR KERALA-680507. …PETITIONERS (BY SRI. H.N.SHASHIDHAR, SENIOR ADVOCATE FOR SRI. PAVAN A., ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF HOME AFFAIRS REPRESENTED BY ITS HOME SECRETARY NORTH BLOCK, NEW DELHI-110001. 2. BUREAU OF IMMIGRATION REPRESENTED BY ITS DEPUTY DIRECTOR 5TH FLOOR, A BLOCK, TTMC BMTC BUS STAND BUILDING K H ROAD, SHANTI NAGAR BENGALURU-560027. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34908 WP No. 26358 of 2025 3. DEPUTY COMMISSIONER OF POLICE BENGALURU WEST DIVISION UPPARPET POLICE STATION DANAVANTHI ROAD, SUBASH NAGAR KEMPEGOWDA ROAD BENGALURU-560009. 4. STATION HOUSE OFFICER GOVINDARAJA NAGAR POLICE STATION BANGALORE-560040 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE-560001. …RESPONDENTS (BY SRI. SHANTHI BHUSHAN .H, DEPUTY SOLICITOR GENERAL FOR R1 AND R2; SRI. M.R. PATIL, HCGP FOR R3 AND R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 13.08.2025 PASSED BY THE HON'BLE 4TH ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU, VIDE ANNEXURE-R, REJECTING THE APPLICATION FILED BY THE PETITIONERS SEEKING EXTENSION OF TIME TO TRAVEL ABROAD AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Heard the learned Senior Counsel appearing for petitioners, learned Deputy Solicitor General appearing on - 3 - HC-KAR NC: 2025:KHC:34908 WP No. 26358 of 2025 behalf of respondents 1 and 2 and learned HCGP appearing for respondents 3 and 4. 2. Learned Senior Counsel has brought to the notice of this Court that despite the stay of the proceedings pending in Crime No. 19/2025 by the Co-Ordinate Bench in Writ Petition No. 11413/2025, respondents 3 and 4 have not withdrawn the Look Out Circular (LOC) and therefore, petitioners are not able to travel abroad on a business tour. Learned Senior Counsel has also taken this Court through the earlier order passed by the learned Magistrate granting permission to the petitioners herein to travel abroad. 3. The learned Deputy Solicitor General and the learned HCGP have argued in the same vein and the learned Deputy Solicitor General, on instructions, submits that it is for Respondents 3 and 4 to take cognizance of the stay granted by this Court and act on the said interim order and pass appropriate orders. Similarly, the learned HCGP would also point out that the interim order granted by this Court staying the proceedings pending in Crime No. 19/2025 will be taken Page No.3 is re-typed and re-placed vide Chamber Order dated 09.09.2025 - 4 - HC-KAR NC: 2025:KHC:34908 WP No. 26358 of 2025 cognizance of and appropriate steps will be taken by respondents 3 and 4. 4. In view of stay granted by this Court thereby staying the proceedings and further investigation in Crime No.19/2025, this Court is of the view that respondents 3 and 4 were obligated to forthwith withdraw the LOC. There is clear laxness on the part of respondents 3 and 4 in not acting upon the stay granted by this Court in Writ Petition No. 11413/2025. Therefore, this Court is inclined to allow the petition. 5. Accordingly, this Court proceeds to pass the following: ORDER (i) The petition is allowed. (ii) The order dated 13.08.2025 passed by the 4th Additional Chief Judicial Magistrate, Bengaluru, rejecting the application filed for extension of time to travel abroad is hereby set aside. Consequently, the application filed by the petitioners in Crime No.0019/2025 is allowed and thereby the petitioners Page No.4 is re-typed and re-placed vide Chamber Order dated 09.09.2025 - 5 - HC-KAR NC: 2025:KHC:34908 WP No. 26358 of 2025 are permitted to travel abroad subject to the following conditions: (a) The petitioners shall furnish complete travel details enclosing true copy of the flight tickets to the concerned investigating officer. (b) The petitioners shall also intimate when they are travelling and shall also inform him after their return to India. (c) The petitioners shall also ensure that they will not travel beyond the destination indicated in the travel details furnished to the investigating officer. If there is any violation by the petitioners while staying abroad, liberty is reserved to respondent No. 2 to take appropriate action in the manner known to law. (d) Respondents 3 and 4 are hereby directed to forthwith withdraw the LOC and communicate the same to the Immigration authorities within three days. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 2 Sl No.: 153