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2006 Supreme(SC) 1588

K.G.BALAKRISHNAN, P.P.NAOLEKAR
B. P. Mohan Rao – Appellant
Versus
State Of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. S. Rajappa, Adv., Mr. N.B. Joshi, Adv., Mr. H. Jairaman, Adv.
For the Respondent: Mrs. Kanchan Kaur Dhodi, Adv., Mr. Sanjay R. Hegde, Adv., Mr. Anil K. Mishra, Adv., Mr. A. Rohen Singh, Adv.

ORDER :

1. Leave granted.

2. Heard both sides.

3. The Appellant has challenged an order passed by the High Court of Karnataka at Bangalore.

4. The Appellant got married with the second Respondent. The second Respondent has filed a complaint against the Appellant under Section 498A IPC and the same is pending. During the pendency of the proceedings, the Appellant, who is an Australian citizen, submitted that he requires treatment at Australia. The trial Court while enlarging the Appellant on bail, directed him to surrender his passport so that he may not leave the country. Aggrieved, the Appellant approached the High Court. The High Court by the impugned order permitted the Appellant to leave India for a temporary period subject to certain conditions. The Appellant is aggrieved by third condition whereby he has been directed to deposit a sum of Rs.6 lacs.

5. The Appellant submitted before this Court that he is not a highly paid man and has to go to Australia for treatment and, therefore, he would not be in a position to deposit Rs.6 lacs. Counsel for the second Respondent submitted that the Appellant should deposit Rs.6 lacs and unless the amount is deposited he should not be allowed t

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