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2022 Supreme(Online)(Kar) 37974

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24TH DAY OF AUGUST, 2022

BEFORE

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

WRIT PETITION No.12185 OF 2022 (GM 3 RES)

BETWEEN:

SRI HARSHAVARDHANA RAO K.,

AGED ABOUT 44 YEARS

NO.136, 6TH MAIN ROAD

I BLOCK, III PHASE

BSK III STAGE

BENGALURU CITY 3 560 085.

... PETITIONER

(BY SRI MAHESH S., ADVOCATE)

AND:

1.

UNION OF INDIA

MINISTRY OF EXTERNAL AFFAIRS

NO.201, I FLOOR,

PATIALA HOUSE ANNEXE

NEW DELHI 3 110 001.

2.

CHIEF IMMIGRATION OFFICER

BUREAU OF IMMIGRATION

BANGALORE INTERNATIONAL AIRPORT

DEVANAHALLI

BENGALURU 3 560 300.

R

2

3.

THE STATION HOUSE OFFICER

GIRINAGAR POLICE STATION

BENGALURU 3 560 085.

4.

DEPUTY COMMISSIONER OF POLICE

BENGALURU SOUTH DIVISION

BENGALURU 3 560 001.

... RESPONDENTS

(BY SRI CHANDRACHUD A., CGC A/W

SRI H.SHANTHI BHUSHAN, ASG FOR R1 AND R2;

SRI K.S.ABHIJITH, HCGP FOR R3 AND R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF

CR.P.C., PRAYING TO DIRECT THE R4 TO RECALL THE LOOKOUT

CIRCULAR UNDER ISSUED IN CONNECTION WITH THE PETITIONER

IN CRIME NO.145/2021 FORTHWITH AND PERMIT THE PETITIONER

TO TRAVEL ABROAD.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED

FOR ORDERS ON 19.07.2022, COMING ON FOR PRONOUNCEMENT

THIS DAY, THE COURT MADE THE FOLLOWING:-

The petitioner is before this Court in the subject petition

seeking a direction by issuance of a writ in the nature of mandamus

directing the 4th respondent/Deputy Commissioner of Police to recall

the Lookout Circular (hereinafter referred to as 8the LOC9 for short)

issued in connection with Crime No.145 of 2021 and consequently

permit him to travel beyond the shores of this nation on

consideration of the representation so given for its recall.

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2. Heard Sri S.Mahesh, learned counsel appearing for the

petitioner, Sri H.Shanthi Bhusan, Additional Solicitor General

appearing for respondents 1 and 2 and Sri K.S.Abhijith, learned

High Court Government Pleader appearing for respondents 3 and 4.

3. Brief facts that lead to this Court in the subject petition, as

borne out from the pleadings, are as follows:-

Petitioner and his wife Smt. Navya Bhat got married on

8.04.2009. After about 10 years of marriage a petition is filed by

Smt. Navya Bhat under the provisions of the Protection of Women

from Domestic Violence Act, 2005 in Criminal Miscellaneous No.89

of 2019 pending before the V Additional Metropolitan Magistrate

Traffic Court. Smt. Navya Bhat later seeks custody of the child by

initiating proceedings under the Guardians and Wards Act, 1890 in

G & WC No. 309 of 2019. The petitioner claims to be in dispute

with Smt. Navya Bhat and is a respondent in the aforesaid two

cases.

4. Things standing thus, Smt. Navya Bhat, the wife registers

a complaint before the jurisdictional Police alleging that the

petitioner has sexually abused his son which becomes a crime in

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Crime No.145 of 2021 for offences punishable under Sections

376AB of the IPC and Section 3(a), 3(b), 5(m), 8 and 12 of the

Protection of Children from Sexual Offences Act, 2012 (8POCSO Act9

for short). Pursuant to said registration of crime, the petitioner was

taken into custody and after about 2 months was enlarged on bail

by an order of the competent Court in Criminal Miscellaneous

No.8707 of 2021. On 15-11-2021 a charge sheet is filed against

the petitioner for the aforesaid offences, dropping offence under

Section 376 and including offence under Section 377 of the IPC and

Sections 4, 5(n), 5(p) and 6 of the POCSO Act. The petitioner in

furtherance of his avocation wanted to travel abroad viz., Paris in

discharge of his official duty and on the date of travel i.e.,

29-05-2022 was stopped by the Immigration Authorities at the

International Airport, Bangalore informing him that the 4th

respondent had issued a LOC in his name concerning Crime No.145

of 2021 which is now pending as Special C.C.No.1874 of 2021

before the Additional City Civil & Sessions Judge, Fast Track

Sessions Court, Bangalore. The petitioner, later, appears to have

tendered several representations seeking recall of the LOC in the

light of proceedings against him being stayed by this Court.

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Notwithstanding the same, the LOC hangs on his head and is,

therefore, before this Court in the subject petition, seeking a

direction for issuance of writ in the nature of mandamus for recall of

the LOC.

5. The learned counsel appearing for the petitioner would

contend that cases registered against the petitioner are - one under

the Domestic Violence Act, the other under the Guardians and

Wards Act and the third one is the subject crime in Special

C.C.No.1874 of 2021, all registered by his wife. No doubt, the

crimes are registered against the petitioner for the afore-quoted

offences but they are all falsely instituted and the proceedings are

pending. Right to travel is a fundamental right. The petitioner

having obtained his doctoral degree in Statistics from North

Carolina State University, USA is working as Chief Data Scientist in

Society General Global Solution Center at Bangalore and for his

official work he had to travel to Paris. It is at that point in time, the

petitioner was prohibited from travelling beyond the shores of India

on the ground that a LOC without serving a copy of the LOC or

issuing

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