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2025 Supreme(Online)(Kar) 437904

THE HIGH COURT OF KARNATAKA
MOHAMMAD NAWAZ
SRI. HEMANTH S REDDY – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRL.P 15802/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1ST DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO. 15802 OF 2025

BETWEEN:

SRI. HEMANTH S. REDDY

S/O SRINIVASAREDDY,

AGED ABOUT 32 YEARS,

R/AT. NO.281, REDDY FARM AND NURSERY,

BEML LAYOUT, 3RD STAGE, RAJARAJESHWARINAGAR,

MYSORE ROAD,

BENGALURU CITY - 560 098

…PETITIONER

(BY SRI. SHIVANANDA REDDY R.V., ADVOCATE)

AND:

1. STATE OF KARNATAKA

RAJARAJESHWARINAGAR POLICE,

REPTD.BY STATE PUBLIC PROSECUTOR

Digitally signed by

HIGH COURT BUILDING,

LAKSHMI T

Location: BENGALURU - 560 001

High Court

of Karnataka

2. LAKSHMI REDDY,

W/O RAVINDRA AGED 56 YEARS

R/AT 59/3, MAHALAKSHMI

FARM AND NURSERY,

KETHOHALLI VILLAGE,

CHUNCHUNKUPPE POST,

BANGALORE SOUTH - 562 130

3. UNION OF INDIA,

REP.BY ITS SECRETARY,

MINISTRY OF EXTERNAL AFFAIRS, NO. 74-B , BLOCK, SOUTH NEW DELHI - 110 001

4. THE REGIONAL PASSPORT OFFICER, 8TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU-560 095 REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 SRI. H. MALLAN GOUD, ADVOCATE FOR R3 AND R4 VIDE ORDER DATED 01.12.2025, NOTICE TO R2 IS DISPENSED WITH)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE IMPUGNED ORDER IN SC NO.717/2022 PASSED ON 17.09.2025 BY THE HONBLE 45TH ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH- 46) (ANNEXURE-A) HAS IMPOSED THE CONDITION NO.2 I.E., THE ACCUSED/PETITIONER SHALL SURRENDER HIS ORIGINAL PASSPORT BEFORE TRIAL COURT IMMEDIATELY AFTER ITS RENEWAL AND WHENEVER THE PETITIONER WANTS TO TRAVEL OUT OF COUNTRY THEN HE SHALL APPLY FOR RELEASE OF HIS PASSPORT AFTER PRODUCING THE RELEVANT DOCUOMENTS SUCH AS, FLIGHT TICKETS ALONGWITH NECESSARY APPLICATION, FOR THE OFFENCES P/U/S 447, 307, 354, 504, 506 R/W 34 OF IPC AND 3 AND 25 OF THE ARMS ACT.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

Considering the prayer sought in this petition i.e.

seeking to modify the condition imposed by the trial Court in its order, passed on the application filed under Section 6 of the Indian Passport Act, notice to respondent no. 2 is dispensed with.

2. Learned High Court Government Pleader accepts notice for the State. Learned counsel Sri. H.

Mallan Goud appears for respondents Nos.3 and 4.

3. Petitioner is arraigned as accused No.2 in Crime No.248/2017 of Rajarajeshwari Nagar Police Station, Bangalore City. Charge sheet is filed against accused Nos.1 and 2 for the offence punishable under Sections 504, 307 read with Section 34 of IPC and Section 3 and 25 of the Arms Act.

4. Petitioner herein filed an application under Section 6 of the Passport Act seeking a direction to the Regional Passport Officer, Bengaluru to renew his passport and to issue the renewed passport, to enable him to undertake the intended travel, out of the country.

5. The Learned Sessions Judge while allowing the said application, directed the passport authority to issue a short validity passport due to the pendency of the case and further directed the petitioner to surrender the original passport before the Court immediately after its renewal and apply for release of his passport, whenever he wants to travel out of country, producing the relevant documents such as flight tickets along with the necessary application.

6. It is submitted by the learned counsel that consequent to the order passed by the learned Sessions Judge, the passport authority has renewed the petitioner's passport for a period of 1 year, from 13.10.2025 to 12.10.2026. He submits that, direction to surrender his original passport is unwarranted, since, a condition is already imposed to seek permission of the Court before traveling abroad.

7. One of the prayers sought in the petition is to modify condition No.1 imposed by the Sessions Court, and to direct to issue the passport for a period of 5 to 10 years. The said prayer cannot be allowed at this stage, since, the passport authority has already

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