- 1 - HC-KAR NC: 2026:KHC:10809 WP No. 1259 of 2026 C/W WP No. 9398 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 1259 OF 2026 (GM-RES) C/W WRIT PETITION NO. 9398 OF 2025 (GM-RES) IN WP No. 1259/2026 BETWEEN: SMT. SURUMI SHIJI W/O. SHIJI VALIAYAKATH BEERAN, AGED ABOUT 33 YEARS, R/AT ENGANDIYOOOR, COCHIN, KERALA-680 567. …PETITIONER (BY SRI. R SHASHIDHARA.,ADVOCATE) AND: 1. STATE OF KARNATAKA CITY CENTRAL CRIME BRANCH (WEST), BENGALURU. REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA. BENGALURU-560001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10809 WP No. 1259 of 2026 C/W WP No. 9398 of 2025 2. THE DY. COMMISSIONER OF POLICE, CRIME-II, BENGALURU CITY, INFANTRY ROAD, BENGALURU-560 001. 3. BUREAU OF IMMIGRATION MINISTRY OF HOME AFFAIRS, 5TH FLOOR, 'A' BLOCK, TTMC, BMTC BUS STAND BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU-560027. REP. BY ITS DY. DIRECTOR. 4. BUREAU OF IMMIGRATION CIAL, NEDUMBASSSERY, COCHIN, REP. BY ITS IMMIGRATION OFFICER. …RESPONDENTS (BY SRI.ADITYA DIWAKARA., AGA FOR R1 & R2; SRI. SHANTHI BHUSHAN H., DSGI A/W MS. SWAMINI G MOHANAMBAL., CGC FOR R3 & R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE LOOKOUT CIRCULAR ISSUED BY THE RESPONDENT NO.2 IN REFERENCE NO.2024435083 IN RESPECT OF THE PASSPORT NO.U6761184 BELONGS TO THE PETITIONER IN CONNECTION WITH THE CRIME NO.33/2024 REGISTERED BY THE 1ST RESPONDENT POLICE AND IN C.C.NO.23988/2025 PENDING FOR CONSIDERING BEFORE THE I ACJM, BENGALURU AS - 3 - HC-KAR NC: 2026:KHC:10809 WP No. 1259 of 2026 C/W WP No. 9398 of 2025 PER ANNEXURE-A; DIRECT THE RESPONDENT NO.3 AND 4 TO PERMIT THE PETITIONER TO TRAVEL ABROAD. IN WP NO. 9398/2025 BETWEEN: MR YADU K M SON OF SRI. MURALIDHARAN AGED ABOUT 29 YEARS KOCCHIKADA HOUSE, CHIMMAKALA, TRISSUR, KERALA 620680. ...PETITIONER (BY SRI. PARASHURAM A L.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CENTRAL CRIME BRANCH POLICE REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI, BENGALURU 560001. 2. DEPUTY COMMISSIONER OF POLICE CRIME II, BENGALURU CITY INFANTRY ROAD, BENGALURU 560001. - 4 - HC-KAR NC: 2026:KHC:10809 WP No. 1259 of 2026 C/W WP No. 9398 of 2025 3. BUREAU OF IMMIGRATION, MINISTRY OF HOME AFFAIRS, 5TH FLOOR, A BOCK, TTMC, BMTC BUS STAND BUILDING, K.H.ROAD, SHANTI NAGAR, BENGALURU - 560 027. ...RESPONDENTS (BY SRI. ADITYA DIWAKARA., AGA FOR R1 & R2; SRI. SHANTHI BHUSHAN H., DSGI A/W MS. SWAMINI G MOHANAMBAL., CGC FOR R3) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, 1950 READ WITH SECTION 528 OF BHARATIYA NAGARIK SUAKSHA SANHITA., 2023 PRAYING TO DIRECTION TO QUASH LOOK-OUT CIRCULAR NO. 2024435091 ISSUED AGAINST THE PETITIONER (PASSPORT NO. N2181754) BY R-2 IN CONNECTION WITH CRIME NO. 33/2024 REGISTERED BY THE R-1 POLICE AND DECLARE THE SAME TO BE UNENFORCEABLE; DIRECTION TO R-3 TO PERMIT THE PETITIONER TO TRAVEL ABROAD. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 5 - HC-KAR NC: 2026:KHC:10809 WP No. 1259 of 2026 C/W WP No. 9398 of 2025 ORAL ORDER The petitioners are co-accused, and they stand trial in the proceedings in CC No.23988/2025 on the file of the I Additional Chief Judicial Magistrate, Bengaluru [the Jurisdictional Magistrate]. The petitioners have to answer the charges for the offences punishable under Section 420 and 468 of Indian Penal Code, 1860. The petitioners' grievance is with the separate Lookout Notices issued by the second respondent and the concerned from the Ministry of Home Affairs and Bureau of Immigration in Bangalore International Airport stopping them from traveling abroad based on such Notices. 2. This Court has permitted the petitioner in W.P.No.9398/2025, on 24.04.2025, to travel to Dubai with an undertaking to return back to India on 30.06.2025 and the petitioner has travelled and returned to India. The petitioner in W.P.No.1259/2025 has the advantage of a Short - 6 - HC-KAR NC: 2026:KHC:10809 WP No. 1259 of 2026 C/W WP No. 9398 of 2025 Validity Passport issued after this Court's order in Criminal Petition No.180/2026. The petitioners assert that the second respondent could not have issued Lookout Notices and that such notices infringe their right to travel, but the petitioners cannot dispute that the jurisdictional Court has not permitted them to travel abroad. 3. Mr.R. Shashidhara, the learned counsel for the petitioners, submits that the Lookout Notices could not have been issued without the permission of the Court and that this would fall from the Circular dated 25.08.1993 issued by the Ministry of External Affairs. The learned counsel argues that this Court has referred to this Circular in the aforesaid Criminal Petition No.180/2026. As against these submissions, Mr.Shanthi Bhushan, the learned Deputy Solicitor General [who is supported by Ms. Swamini G. Mohanambal, the learned Central Government Counsel], submits that the Circular would not be - 7 - HC-KAR NC: 2026:KHC:10809 WP No. 1259 of 2026 C/W WP No. 9398 of 2025 relevant for the present purposes because that relates to the passport and that the Immigration Officers have acted upon the Lookout Notices issued by the second respondent and if there is any grievance that should be addressed by the second respondent. Mr.Shanthi Bhushan argues that there cannot be any order against the Immigration Officers who have acted in terms of the Lookout Notices. 4. Sri Aditya Diwakara, the learned Additional Government Advocate, submits that the Lookout Notices are issued because the allegations against the petitioners are found to be justified with the charge sheet being filed against them, but when queried, the learned Additional Government Advocate cannot dispute that the Lookout Notices will yield if the jurisdictional Court, which is seized of the proceedings, permits the petitioners to travel abroad upon considering an application filed by them. - 8 - HC-KAR NC: 2026:KHC:10809 WP No. 1259 of 2026 C/W WP No. 9398 of 2025 5. In Rejoinder, both Mr.R.Shashidhara and Mr. Parashuram Ajjampur Lakshman, propose to contend that the restrictions on the petitioners to travel abroad would be unreasonable because if one petitioner is not even named in the FIR, the allegation against the other petitioner is that he has only facilitated a transaction. The learned counsel proposes to elaborate on why the conclusion must be that the petitioners are not involved in any crime. 6. These circumstances are considered to examine whether this Court must intervene to quash the Lookout Notices when the petitioners stand trial, and when the jurisdictional Court has not permitted them to travel abroad. Admittedly, the petitioner in W.P.No.9398/2025 is called upon to mark his attendance regularly with the police, and the petitioners have not placed on record copies of the jurisdictional Court’s orders on bail. The jurisdictional Court must, during the pendency of the - 9 - HC-KAR NC: 2026:KHC:10809 WP No. 1259 of 2026 C/W WP No. 9398 of 2025 proceedings, consider whether the petitioners must travel abroad based on all circumstances including the allegations against them, and the jurisdictional Court must also consider the restriction that should be if they are to be permitted to travel. 7. Therefore, this Court opines that the petitioners must be at liberty to first file applications in the pending proceedings for leave to travel and if those applications are favorably considered, then to file due representations with the second respondent, who shall cause communication to the third respondent to ensure that the petitioners are not restricted from traveling notwithstanding the leave. Further, this Court observes that if the petitioners are found, either at the time of discharge [or in the proceedings to quash the FIR] that the allegations cannot be sustained, they would be entitled to similar relief. The petitions stand disposed of accordingly calling upon the jurisdictional Court, if the - 10 - HC-KAR NC: 2026:KHC:10809 WP No. 1259 of 2026 C/W WP No. 9398 of 2025 petitioners file applications to travel abroad, to consider the same expeditiously. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr