- 1 - HC-KAR NC: 2026:KHC:22904 WP No. 11850 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 11850 OF 2026 (GM-POLICE) BETWEEN: 1. SAYED TABREEZ S/O SYED ILYAS PASHA, AGED ABOUT 25 YEARS, RESIDING AT K.M. HANEEF MANZIL, JARIGUDDE, SALMAR POST, KARKALA KASABA, UDUPI - 574 104. 2. UMMAR SHARIEF S/O MOIDINABBA, AGED ABOUT 40 YEARS, RESIDING AT FAYAZ MANZIL, GUDDUKALLU HOUSE, MOODUMARNADU POST, PADUMARNADU VILLAGE, D.K. - 574 213. …PETITIONERS (BY SMT. HALEEMA AMEEN, ADVOCATE) AND: 1. THE STATE BY KARKALA RURAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BANGALORE - 560 001. …RESPONDENT (BY SRI. K.P. YOGANNA, AGA) Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22904 WP No. 11850 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE ORDER, DIRECTING THE KARKALA RURAL POLICE TO NOT TO RESTRICT THE PETITIONERS FROM LEAVING THE COUNTRY AND TO ALLOW THEM TO TRAVEL ABROAD TO UNITED ARAB EMIRATES AND TO SAUDI ARABIA RESPECTIVELY, FOR THE PURPOSE OF RESUMING THEIR DUTY OVER THERE, THE ACT OF POLICE WHICH IS IN PURSUANCE TO A CASE PENDING AGAINST THEM IN CC NO.1295/2022, (CRIME NO.68/2022 OF KARKALA RURAL PS, REGISTERED FOR OFFENCES PUNISHABLE U/S 342, 323, 504 AND 506, AS PER THE FIR- ANNEXURE A, PENDING ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, KARKALA, C/C AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is filed seeking direction against the respondents in not restricting the petitioners from leaving the Country and permit them to travel abroad to United Arab Emirates and to Saudi Arabia respectively to resume their duty as they are employed at abroad. - 3 - HC-KAR NC: 2026:KHC:22904 WP No. 11850 of 2026 2. Heard learned counsel appearing for the petitioners and learned AGA. Perused the records. 3. The petitioners, who were arrayed as accused Nos.2 and 5 respectively in Crime No.68/2022 for the offence punishable under Sections 342, 323, 504 and 506 read with Section 34 of Indian Penal Code, are now charge sheeted in C.C.No.1295/2022. The petitioners have approached this Court by filing a writ petition in W.P.No.26069/2025 and this Court has stayed the proceedings pending in C.C.No.1295/2022 and the matter is now seized before this Court. 4. In view of the registration of crime, the respondent has issued Look Out Circular (for short ‘LOC’) to ensure that petitioners do not leave Country. Though this action was warranted in the light of registration of crime, however, there is a clear subsequent development, which inure to the benefit of the petitioners. Before this Court, the records revealed that the proceedings pending - 4 - HC-KAR NC: 2026:KHC:22904 WP No. 11850 of 2026 in C.C.No.1295/2022 are stayed by this Court. The said order is evidenced at Annexure-B. 5. In the backdrop of the interim order granted by this Court, wherein the criminal proceedings are stayed by this Court, this Court cannot stay oblivious to the fact that both petitioners, who are employed abroad, are now denied to exit India on the premises that criminal proceedings are pending consideration. 6. It is trite that when this Court exercises its inherent jurisdiction under Section 528 of BNSS, 2023 and stays further proceedings, all consequential coercive steps flowing from such proceedings must also remain in abeyance. The Station House Officer, being an instrumentality of the State, is bound to give full effect to the judicial order passed by the Constitutional Courts and cannot act in derogation thereof. 7. Furthermore, the petitioners’ right to livelihood, particularly when they are employed abroad, is protected - 5 - HC-KAR NC: 2026:KHC:22904 WP No. 11850 of 2026 under Article 19(1)(g) of the Constitution of India. Any administrative action that curtails such right, in the absence of a subsisting legal necessity, would be violative of constitutional guarantees. When the proceedings themselves are stayed, the insistence of continuation of LOC would result in unjustified interference with the petitioner's right to carry on their profession. 8. Therefore, this Court is of the considered view that once a stay of criminal proceedings is granted under Section 528 of BNSS 2023, the Station Officer is duty bound to either issue NOC or recall/keep in abeyance any existing NOC as the case may be until the stay orders subsist. 9. For the foregoing reasons, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. - 6 - HC-KAR NC: 2026:KHC:22904 WP No. 11850 of 2026 (ii) The respondent is hereby directed to recall the LOC issued against the petitioner and keep the same in abeyance subject to outcome of the W.P.No.26069/2025. (iii) The respondent is hereby directed not to enforce LOC against the petitioner during the subsistence of the stay order granted by this Court. (iv) The respondent shall forthwith communicate the decision of recalling/keeping the LOC in abeyance to the concerned Immigration Authorities upon verification of petitioners’ employment, Visa and Travel particulars. (v) Upon furnishing of necessary employment and travel details by the petitioners, the respondent shall expeditiously act and ensure compliance of this order, thereby facilitating the petitioners’ right to travel strictly in terms of stay order granted by this Court in W.P.No.26069/2025 as per Annexure-D. (vi) It is needless to mention in the event petitioners suffer an adverse orders at the - 7 - HC-KAR NC: 2026:KHC:22904 WP No. 11850 of 2026 hands of this Court in a pending writ petition, the respondent is at liberty to revoke the LOC. (vii) The petitioners shall give an undertaking before the Court, where the matter is seized, in the event adverse orders are passed in the pending W.P.No.26069/2025. (viii) The respondent is hereby directed to withdraw the LOC within a period of one week from the date of receipt of copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 5