M. NAGAPRASANNA
HU XIAOLIN W/O ANAS AHMED – Appellant
Versus
STATE OF KARNATAKA – Respondent
ORDER :
1. The petitioner is before this Court calling in question an order dated 04-09-2023 passed by the Principal City Civil and Sessions Judge, Bangalore in Crime No. 8 of 2021, whereby the concerned Court denies travel to the petitioner in modification of bail conditions.
2. Heard Sri Suhaib Fazeel Madar, learned counsel appearing for the petitioner, Sri Harish Ganapathi, learned High Court Government Pleader appearing for respondent No. 1 and Sri H. Shanthi Bhushan, learned Deputy Solicitor General of India appearing for respondent No. 3.
3. Facts, in brief, germane are as follows:
The court reinforced that bail conditions for foreign nationals accused of serious crimes must prioritize the integrity of the judicial process and the risk of flight.
The court emphasized the need for serious examination of the grounds for travel permission and found the denial of permission to be unjustified, allowing the petitioner to leave the state subject to ....
The court affirmed its inherent power to modify bail conditions under Section 482 Cr.P.C. to ensure justice and prevent undue hardship to the accused.
The court held that the risk of flight must be objectively assessed based on the petitioner's conduct and history of compliance, not solely on allegations of economic offences.
The right to travel abroad is a fundamental aspect of personal liberty, protected by Article 21, and should only be restricted by lawful and just procedures.
Fulfillment of conditions imposed by a bail order warrants the Trial Court to accord permission to the accused petitioner to leave the country.
Imposing bail conditions that result in indefinite detention violates fundamental rights under Article 21 and contravenes bail provisions stated in the Cr.P.C.
Bail conditions for foreign nationals must respect personal liberty under Article 21 and cannot lead to indefinite detention without legal backing.
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