Court allows temporary travel for employment despite pending criminal case, contingent on compliance with specific bond conditions.

Order

21/07/2025

1. The instant Criminal Misc. Petition under Section 482 Cr.P.C (Section 528 BNSS, 2023) has been filed by the petitioner with a prayer to quash the lookout notice issued against him and to grant him permission to go to Kuwait to earn his livelihood.

2. Brief facts of the case are that an FIR No.368/2024 was lodged against the petitioner by his wife for the offences under Sections 498-A and 406 of the IPC at the Police Station Bhadra. Since the petitioner was at Kuwait for his livelihood at the time of filing of the case, a look out circular was issued against him and as soon as he arrived to India, he was arrested and was subsequently released on bail. The petitioner is working as a Driver in Kuwait since a very long period. Earlier this court vide order dated 07.02.2025 passed in S.B. Criminal Misc. Petition No.1279/2025 had granted permission to the petitioner to go abroad for a period of six months from the date of his immigration check, whereafter the petitioner went to Kuwait and came to India for a period of one and half month with the leave of Gulf Wings. It is stated that the said period is going to be over on 07.08.2025 and if he not able to report back on the due date, he will lose his job, which is his only source of livelihood, but he is unable to leave the country due to the lookout notice.

3. This court while deciding S.B. Criminal Misc. Petition No.1279/2025 had discussed in detail the reasons for granting permission to the petitioner to abroad for a period of six months and the said period is still in continuance, therefore, the said reasons do not require to be reiterated here. The petitioner is doing a job in Kuwait since 2011 to earn his livelihood. He is having a valid passport. He went to abroad on 10.02.2025 and returned back on 22.06.2025 on the verbal information of the Investigating Officer that the charge-sheet would be filed on 03.07.2025. On the said date the petitioner appeared before the trial court, but the charge-sheet was not filed on that day and the learned trial court kept the matter for filing the charge-sheet on 10.09.2025. The petitioner has has manifested bona fide intentions and earnestness by presenting himself before the trial court on the appointed date. There appears no flight risk. If the petitioner does not report back after completion of his leave period, he may lose his job at Kuwait.

4. In this background and considering the entirety of the facts and circumstances of the case, the instant criminal miscellaneous petition is allowed. The petitioner is permitted to go to Kuwait for a limited period of two years after his immigration check out so that he may not lose his job which he was doing since the year 2011 to earn his livelihood. The pendency of criminal case shall not be taken as an impediment against him for obtaining a visa to visit Kuwait provided he furnishes a personal bond in the sum of Rs.10,00,000 as well as two surety bonds each of Rs.5,00,000/- of his father and mother residing here. He shall also furnish an undertaking to the effect that if any of the condition is contravened, his personal bond and amount of sureties so furnished shall be forfeited and amenable to recovery which shall thereafter be given to his wife. It is further made clear that his foreign visit shall not exceed more than two years from his immigration. After returning back, he shall join the court proceedings and during his absence, his counsel shall represent him in the trial Court. If the petitioner furnishes all the required documents, including the surety bonds and undertaking, the lookout notice issued against him shall stand cancelled. Needless to say, the LOC issued shall not hinder his travel Kuwait or his return to India.