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2026 DAILYLAW 22614 (KAR)

MRS AISHABI UBARLA v. THE SENIOR INTELLIGENCE OFFICER

CRL.P/7115/2026 · 2026-06-12

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:28485 CRL.P No. 7115 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 7115 OF 2026 BETWEEN: MRS AISHABI UBARLA W/O MR. HUSAINAR AGED ABOUT 52 YEARS R/AT AFREED MANZIL AILA MAIDAN, MANGALPADY KASARGOD, KERALA- 671324 …PETITIONER (BY SRI. SACHIN B S., ADVOCATE) AND: THE SENIOR INTELLIGENCE OFFICER DIRECTORATE OF REVENUE INTELLIGENCE (DRI) RJ ENCLAVE, NEXT TO EXOTICA APARTMENTS, BEJAI CHURCH ROAD, BEJAI POST, MANGALURU - 575 004. …RESPONDENT (BY SRI. MADHU N RAO, SPL.PP) THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 13.03.2026 PASSED BY THE PRL.SENIOR CIVIL JUDGE AND C.J.M MANGALORE IN O.R.NO.2/2026 IN SO FAR AS IT IMPOSES CONDITION NO.1 REQUIRING DEPOSIT OF Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28485 CRL.P No. 7115 of 2026 CASH SECURITY OF RS.50,000/- AND CONDITION NO.6 RESTRAINING THE PETITIONER FROM LEAVING INDIA WITHOUT PRIOR PERMISSION OF THE COURT IS ILLEGAL ARBITRARY IN BAILABLE OFFENCES IN SO FAR AS PETITIONER IN CONCERNED AS PER DOCUMENT NO.1, ETC., THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before the court seeking the following prayer: a) Set aside the order dated 13.03.2026 passed by the Principal Senior Civil Judge and CJM, Mangaluru in O.R.No.02/2026, insofar as it imposes Condition No.1 requiring deposit of cash security of Rs.50,000/- and Condition No.6 restraining the Petitioner from leaving India without prior permission of the Court, is illegal, arbitrary in bailable offences insofar as petitioner is concerned as per DOCUMENT NO.1. b) Grant such other relief/s as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity". - 3 - HC-KAR NC: 2026:KHC:28485 CRL.P No. 7115 of 2026 2. Heard Sri.B.S.Sachin, learned counsel appearing for the petitioner and Sri.Madhu N Rao, learned Special Public Prosecutor for the respondent. 3. The petitioner - accused no.2 gets embroiled in a crime under Section 135(a)(b) of the Customs Act in O.R.No.02 of 2026. The issue is not with regard to the merit of the matter. The petitioner applies and is enlarged on bail. One of the conditions is what has become the fly in the ointment in the case at hand. 4. The learned counsel for the petitioner submits that she is the resident of Dubai and has to get back to Dubai and undertakes that she will co-operate with the trial before the concerned Court. 5. Based on the said undertaking since the petitioner is a resident of Dubai, I deem it appropriate to relax the said condition for travel back to Dubai and recording the undertaking of the petitioner that the petitioner would co-operate with the adjudication - 4 - HC-KAR NC: 2026:KHC:28485 CRL.P No. 7115 of 2026 proceedings as well as the prosecution proceedings which may emanate at a later point in time. In that light, condition No.6 restraining the petitioner from leaving India without prior permission of the Court stands suspended. 6. With the aforesaid reasons, petition stands disposed of. Sd/- (M.NAGAPRASANNA) JUDGE DH List No.: 3 Sl No.: 6