IMPORTANT POINT
The court balanced the right of the accused to pursue employment with the need to ensure his presence for criminal proceedings, considering the undertaking and imposing conditions to secure his return.

ORDER

1. This Criminal Petition under Section 439 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed seeking to set aside the order dated 09.05.2022 made in Crl.M.P.No.48 of 2022 in Crl.M.P.No.19 of 2022 in C.C.No.1096 of 2016, on the file of learned VII AJCJ-cum-XXXII Additional Metropolitan Magistrate, Cyberabad, Kukatpally by permitting the petitioner/accused No.1 to travel abroad/United States of America (U.S.A) to pursue his employment on such terms and conditions as this Hon'ble Court deems fit and proper, by suspending the Look Out Notice/Circular issued against the petitioner/accused No.1 in relation to C.C.No.1096 of 2016 arising out of FIR No.702 of 2015 of K.P.H.B. P.S., Cyberabad.

2. Heard Sri Dharmesh D.K. Jaiswal, learned counsel for the petitioner/accused No.1, learned Additional Public Prosecutor for respondent No.1/State and Sri Krishna Swamy, learned counsel appearing on behalf of Sri Namavarapu Rajeshwar Rao, learned Assistant Solicitor General of India appearing on behalf of respondent No.2. Perused the record.

3. The brief facts of the case are that the petitioner/accused No.1 is a citizen of USA. The father of the victim filed a complaint against the petitioner/accused No.1 and his parents while the petitioner/accused No.1 was in USA. The Investigation Officer after completion of investigation, filed charge sheet against the petitioner/accused No.1 along with parents as accused Nos.2 & 3 for the offences punishable under Section 498-A of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, showing the petitioner/accused No.1 as absconding. The Court below took cognizance against accused Nos.1 to 3 and issued NBW against petitioner/accused No.1 and summons to accused Nos.2 & 3. Consequent upon pending execution of NBW against the petitioner/accused No.1, a Look Out Notice was issued against the petitioner/accused No.1, which was pending since then.

On 06.04.2022, when the petitioner/accused No.1 visited India to meet/take care of his parents, the officials of respondent No.2 detained the petitioner/accused No.1 on the ground of issuance of a Look Out Notice prior to filing of the charge sheet and also seized his passport and handed over the petitioner/accused No.1 to 1st respondent Police. The petitioner/accused No.1 was produced before the learned VII AJCJ-cum-XXXII Additional Metropolitan Magistrate, Cyberabad, Kukatpally and the learned Magistrate by order dated 06.04.2022 released the petitioner/accused No.1 on bail on furnishing of personal bond of Rs.10,000/- along with two sureties of like sum each and further directed the petitioner/accused No.1 to not to leave India without the permission of the Court until further orders. The petitioner/accused No.1 filed Crl.M.P.No.19 of 2022 in C.C.No.1096 of 2016 on the file of learned VII AJCJ-cum-XXXII Additional Metropolitan Magistrate, Cyberabad, Kukatpally seeking release of his passport and the said petition was allowed on 13.05.2022 by imposing conditions that the petitioner/accused No.1 shall not leave India without prior permission of the Court. The petitioner/accused No.1 filed Crl.M.P.No.48 of 2022 in Crl.M.P.No.19 of 2022 in C.C.No.1096 of 2016 on the file of learned VII AJCJ-cum-XXXII Additional Metropolitan Magistrate, Cyberabad, Kukatpally to permit him to travel to USA to report to his duties. The said petition as dismissed on 09.05.2022 by the learned Magistrate on the ground that the petitioner/accused No.1 has not disclosed when he would return back for proceeding with the case and has not given any specific undertaking with regard to the steps that would be required for closure of the case.

4. The petitioner/accused No.1 has filed an undertaking affidavit before this Court, wherein it is stated as follows:

7. It is submitted that I have undertaken in my petition before the Trial Court and more clearly before this Hon'ble Court that I would return to India as and when directed by the Trial Court since presently I have