MR. SHABEER MASTHIGUDDA v. THE SENIOR INTELLIGENCE OFFICER
CRL.P/10206/2026 · 2026-08-17
M Nagaprasanna
body2026
DailyLaw.ai
[ 2026 DAILYLAW 35841 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 35841 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR
CNR: KAHC010467412026 NC: 2026:KHC:43914 CRL.P No. 10206 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 10206 OF 2026 BETWEEN:
MR. SHABEER MASTHIGUDDA S/O. ABOOBACKER ABDULLA, AGED 58 YEARS, RESIDING AT PANDIYAL HOUSE, MASTHIGUDDA, PALLIKARA, KASARGOD, KERALA - 671 316. …PETITIONER (BY SRI. ANIKETH, ADVOCATE FOR 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, ADVOCATE)
THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 13.03.2026 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MANGALURU IN O.R.NO.2/2026 IN SO FAR AS IT IMPOSES, CONDITION NO.1 REQUIRING DEPOSIT OF CASH SECURITY OF
Digitally signed by PADMAVATHI B K Location: High Court of Karnataka
- 2 -
HC-KAR
CNR: KAHC010467412026 NC: 2026:KHC:43914 CRL.P No. 10206 of 2026
RS.50000/- AND CONDITION NO.6 RESTRAINING THE PETITIONER FROM LEAVING INDIA WITHOUT PRIOR PERMISSION OF THE COURT IS ILLEGAL, ARBITRARY IN BAILABLE OFFENCE IN SO FAR AS PETITIONER IN CONCERNED AS PER DOCUMENTS NO.1.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard Sri. Aniketh, learned counsel along with Sri. Sachin B.S., learned counsel appearing for the petitioner.
2. The learned counsel appearing for the petitioner submits that the issue in the lis is akin to what has decided in Crl.P.No.7115/2026 disposed on 12.06.2026.
3. Sri. Madhu N. Rao, learned counsel representing Directorate of Revenue Intelligence (DRI) would not dispute the position qua accused No.2.
4. This Court in Crl.P.No.7115/2026 disposed on 12.06.2026 has held as follows:
- 3 -
HC-KAR
CNR: KAHC010467412026 NC: 2026:KHC:43914 CRL.P No. 10206 of 2026
"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 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."
5. In the light of the issue standing covered by
judgment rendered by this Court and the facts being undisputed, the petition stands disposed on the same terms.
Sd/- (M.NAGAPRASANNA) JUDGE
JY List No.: 2 Sl No.: 17