- 1 - HC-KAR NC: 2026:KHC:8132 CRL.P No. 1089 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1089 OF 2026 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI. MOHAMMED SAFWAN S/O. HAJI MULIYA ABOOBAKER SIDDIQUE, AGED 35 YEARS, R/AT DOOR NO.17-23-1625/2, SUPREME COTTAGE, D' SILVA ROAD, HIGHLAND, KANKANADY POST, MANGALURU - 575 002. …PETITIONER (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE) AND: 1. STATE BY KARNATAKA BY CEN CRIME POLICE STATION, MANGALORE CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8132 CRL.P No. 1089 of 2026 2. SRI. VARUN RAVINDRAN, S/O. P.M. RAVINDRAN, AGED ABOUT 41 YEARS, DEPUTY GENERAL MANAGER AND BRANCH HEAD, FALNIR, KANKANDY, MANGALURU CITY-575001 …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1) THIS CRL.P. IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO ALLOW THE PETITION AND SET ASIDE THE ORDER DATED 14/11/2025, MADE IN CRL.MISC.NO.912/2025 BY THE II ADDL DISTRICT AND SESSIONS JUDGE, D.K., MANGALORE IN RESPECT OF APPLICATION FILED BY THE PETITIONER UNDER SECTION 482(2) OF BNSS FOR RELAXATION OF BAIL CONDITION NO.7 AND PERMIT THE PETITIONER TO TRAVEL ABROAD BY RELAXING THE BAIL CONDITION NO.7. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:8132 CRL.P No. 1089 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayer: "WHEREFORE, it is respectfully prayed that this Hon'ble Court may kindly be pleased to allow the Petition and set aside the Order dated 14/11/2025, made in Crl.Misc.No.912/2025 by the II Addl District & Sessions Judge, D.K., Mangalore in respect of Application filed by the Petitioner under section 482(2) of BNSS for relaxation of bail condition No.7 and permit the petitioner to travel abroad by relaxing the bail condition No.7, in the interest of justice." 2. Heard Sri. Nishit Kumar Shetty, learned counsel appearing for the petitioner and Sri. B.N. Jagadeesha, learned Addl. SPP appearing for respondent No.1. 3. The petitioner is accused No.2 in Crime No.48/2025. On registration of the crime, seeks anticipatory bail as obtaining under Section 482(2) of the BNSS. The concerned Court though grants bail to the petitioner stops him from travelling beyond the shores of the nation. It is, therefore, the petitioner is before this Court seeking relaxation of bail condition, as he has his business in Saudi Arabia and wants to travel for the purpose of business. - 4 - HC-KAR NC: 2026:KHC:8132 CRL.P No. 1089 of 2026 4. Learned counsel for the petitioner submits that he is infact a victim in the entire episode of trickery by the bank officials, who had played fraud involving misappropriation of cash of Rs.5,00,00,000/- of the bank and fraudulent gold loan disbursements and tampering with the pledged gold ornaments in the IDBI Bank. They are facing the acts of crime. 5. Learned counsel submits that the petitioner being a victim should not be stopped from travelling beyond the shores of the nation for the purpose of business and that would curtail his fundamental right. 6. Learned Addl. SPP though would vehemently refute the submissions to contend that the petitioner if he is permitted to travel beyond the shores of the nation, would not be available for future trial and therefore, leaves the decision to the hands of this Court. 7. I have given my anxious consideration to the respective submissions made by the learned counsel and have perused the material on record. - 5 - HC-KAR NC: 2026:KHC:8132 CRL.P No. 1089 of 2026 8. The link in the chain of events are a matter of record. What leads the petitioner to the concerned Court to seek anticipatory bail is the acts of the other accused - the bank officials involving themselves in serious fraud of alleged misappropriation of Rs.5,00,00,000/- and fraudulent gold loan disbursements. The petitioner registers a crime against the said Bank officials. The police after investigation is said to have filed a 'B' report, shocking enough. The 'B' report is contested too and further investigation that is now happening in the case at hand against the said bank officials. Be that as it may. 9. The petitioner has a fundamental right to travel. It can be curtailed only on circumstances where the petitioner could escape trial or otherwise. The bail conditions are generally imposed that he should not travel beyond the shores of the nation. The petitioner has produced his avocation and his business in Saudi Arabia and would undertake that he would be available for trial at any given point in time, failing which, appropriate action could be taken. 10. In the light of the aforesaid circumstance though not declaring that the petitioner is a victim, as the petitioner is shown - 6 - HC-KAR NC: 2026:KHC:8132 CRL.P No. 1089 of 2026 as accused No.2, I deem it appropriate to relax the condition, however, subject to the condition that the petitioner, if he would escape trial or summons from the hands of the concerned Court at the appropriate time unless specific exemption is granted, appropriate action would be directed to be taken even impounding of the passport by the passport authorities. 11. For the aforesaid condition, the following: ORDER (i) The petition is allowed. (ii) The order dated 14.11.2025 in Crl.Misc.No.912/2025 passed by the II Additional District Sessions Judge, Dakshina Kannada, Mangalore in respect of relaxation of bail condition No.7 to permit the petitioner to travel abroad, is hereby set aside with the aforesaid observations. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 8