- 1 - HC-KAR NC: 2025:KHC:27297 WP No. 21064 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 21064 OF 2025 (GM-RES) BETWEEN: MR MOHAMMED MASAUD S/O. MR. NOORULLA SHEIKH, AGED ABOUT 41 YEARS, R/T NO-2061-A, OPPOSITE KOMBAGUDDE BUS STAND, KAUP POST, 108, KALTHUR, UDUPI-574106 …PETITIONER (BY SRI. VISHWAS, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY KAUP POLICE STATION STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA 2. THE REGIONAL PASSPORT OFFICER REGIONAL PASSPORT OFFICE, PRAKASH BEEDI COMPOUND, 25-1A, NAVABHARATH CIR, KODAILBAIL, MANGALURU, KARNATAKA 575003 …RESPONDENTS (BY SMT. SOWMYA R, HCGP FOR R1; SRI H SHANTHI BHUSHAN, DSGI FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C., PRAYING TO SET ASIDE THE CONDITION IMPOSED BY THE II Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27297 WP No. 21064 of 2025 ADDL. CIVIL JUDGE AND JMFC, UDUPI BY ITS ORDER DTD. 16.06.2025 IN C.C.NO. 2795/2018 INSOFAR AS ASKING THE PETITIONER SHALL NOT LEAVE INDIA. (ANNX-A) AND PERMIT THE PETITIONER TO TRAVEL ABROAD ON THE BASIS OF WORK VISA AND ETC., 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 In this petition, the petitioner seeks for the following reliefs: i) Issue writ of certiorari or any other writ or direction to set aside the condition imposed by the Hon'ble II Addl. Civil Judge and JMFC, Udupi by its order dated 16.06.2025 in C.C. No.2795/2018, insofar as asking the petitioner shall not leave India (Annexure - A) and permit the petitioner to travel abroad on the basis of work visa. ii) Issue direction to respondent No.2 to renew the passport of petitioner. iii) Pass any other order as this Hon'ble Court deem fit in the interest of justice. 2. Heard the learned counsel for the petitioner, learned HCGP for respondent No.1 and learned DSGI for respondent No.2 and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:27297 WP No. 21064 of 2025 3. A perusal of the material on record will indicate that the petitioner is arraigned as accused No.1 in C.C. No.2795/2018 which is pending before the trial Court. It is a matter of record and an undisputed fact that the family members of the petitioner are also arraigned as accused Nos.2 to 6 in the said proceedings. The petitioner was enlarged on bail vide order dated 27.11.2019 and he is out on bail ever since the said date. Subsequently, the petitioner filed an application under Section 437 of Cr.P.C. seeking relaxation of the bail condition No.3 which was allowed in part by the trial Court by imposing further condition that he shall not leave India without prior permission. The said order passed by the trial Court having been passed on 16.06.2025, the petitioner has filed the present petition inter-alia contending that subsequently, he has received an offer letter from the Sultanate of Oman offering him a job and as such, it is necessary that the impugned order is modified by permitting the petitioner to travel abroad by further relaxing condition No.3. In order to substantiate his contention that the petitioner has received a job offer from the Sultanate of Oman, the petitioner has produced Annexure 'F' dated 01.07.2025 issued by his prospective employer - Moshin Haider Darwish L.L.C., which - 4 - HC-KAR NC: 2025:KHC:27297 WP No. 21064 of 2025 indicates that the petitioner has been offered employment in the Sultanate of Oman. 4. In view of the aforesaid facts and circumstances, I deem it just and appropriate to allow the present petition and relax condition No.3 in the bail order and permit the petitioner to travel abroad by imposing certain conditions. 5. In the result, I proceed to pass the following : ORDER (i) The petition is hereby allowed. (ii) The impugned order dated 16.06.2025 is hereby modified by relaxing condition No.3 of the bail order dated 27.11.2019 and permitting the petitioner to travel abroad, subject to the condition that the remaining co-accused i.e., accused Nos.2 to 6 shall file affidavits undertaking that the petitioner would return back to India and appear before the trial Court as and when required. (iii) The said affidavits of the co-accused to be filed before the trial Court within a period of two weeks from today. - 5 - HC-KAR NC: 2025:KHC:27297 WP No. 21064 of 2025 (iv) The petitioner shall also appear before the trial Court as and when he returns to India on the respective dates of hearing. (v) It is made clear that the pendency of the criminal proceedings shall not come in the way of the respondent No.2 - Passport Authorities in renewing/issuing passport in favour of the petitioner. Sd/- (S.R.KRISHNA KUMAR) JUDGE YKL List No.: 1 Sl No.: 58