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
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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