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2015 Supreme(Kar) 454

A.N.VENUGOPALA GOWDA
MOHAMMED TASNIM – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
Advocate Appeared:
SRI S. VISHWAJITH SHETTY, ADV.
SRI B.VISWESWARAIAH, HCGP FOR R1.

ORDER

The petitioner is accused No.2 in Crime No.214/2013 of Udupi Town Police Station. The police have registered the FIR for the offences punishable under Ss.406, 468, 471, 420 read with 34 of IPC. Passport of the petitioner having been seized by the police, under PF No.79/2014, an application was filed, under S.451 of Cr.P.C., before the learned Magistrate, for the release of the passport. Application having been opposed by the Assistant Public Prosecutor, learned Magistrate by being of the view, that the police have made out prima facie case and since the applicant/accused is working in a foreign country, rejected the application, on the ground that, if the passport is released, definitely, the accused will flee from the jurisdiction of the Court and would not be available for proper adjudication of the case.

2. A Criminal Revision Petition filed assailing the said order was dismissed by the learned Sessions Judge, on the ground that the petitioner has not stated for what purpose the release of the passport was sought and, the investigation being not complete, the passport, if released, will affect the progress of the case, as there is likelihood of the accused fleeing from India






















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