Karnataka High Court
Sameer Sab @ Sameer vs The State By Sho on 12 September, 2025
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NC: 2025:KHC:36367
WP No. 27406 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 27406 OF 2025 (GM-RES)
BETWEEN:
1. SAMEER SAB
@ SAMEER
S/O MUNEER SAB
AGED ABOUT 25 YEARS
RESIDING AT ABUJAR COLONY
NEAR ABUJAR MASJID, BILAL KHANDA
GULUME, BHATKAL TALUK
UTTARA KANNADA
DUE TO EMPLOYMENT
STAYING AT-IRAQI BUILDING
AL MAJAZ 3, NEAR ETISALAT
SHARJAH, UAE.
...PETITIONER
(BY SRI. HALEEMA AMEEN, ADVOCATE)
Digitally signed by
AL BHAGYA
Location: HIGH
AND:
COURT OF
KARNATAKA
1. THE STATE BY SHO
BYNDOOR POLICE STATION
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
AMBEDKAR VEEDHI, BANGALORE - 560001.
2. THE SUPERINTENDENT OF POLICE
UDUPI DISTRICT, UDUPI.
...RESPONDENTS
(BY SRI. ANOOP KUMAR, HCGP FOR R1)
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NC: 2025:KHC:36367
WP No. 27406 of 2025
HC-KAR
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE
ORDER DATED 20.08.2025 AS PER ANNEXURE-F, DIRECT
SUPERINTENDENT OF POLICE, UDUPI DISTRICT, TO NOT TO
RESTRICT HIM FROM LEAVING THE COUNTRY AND TO ALLOW
HIM TO TRAVEL TO SHARJAH, UAE, FOR THE PURPOSE OF
RESUMING HIS DUTY OVER THERE, THE ACT OF POLICE
WHICH IN PURSUANCE TO A CASE PENDING AGAINST HIM IN
SPECIAL CASE NO. 89/2024, REGISTERED FOR OFFENCES
PU/S 21(b), 22(b), 8(c), 20(b), 27B OF NDPS ACT AND 4,
25(1B)(B) OF ARMS ACT, PENDING ON THE FILE OF PRINCIPAL
DISTRICT AND SESSIONS JUDGE, UDUPI AND ETC.
THIS PETITION, COMING ON FOR FRESH MATTERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
Petitioner is facing trial in Special Case No.89/2024,
registered for the offences punishable under Sections
21(b), 22(b), 8(c), 20(b), 27B of NDPS Act and 4,
25(1B)(B) of Arms Act. In view of registration of crime,
petitioner returned from Sharjah, UAE and surrendered
before the jurisdictional Special Court, where the matter is
now seized and has obtained bail.
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HC-KAR
2. The petitioner submits that he is employed in
Sharjah as a Sales Officer, which is evidenced by the
identity cards produced at Annexures-C and D. He
contends that he is willing to come to India whenever his
presence is required in the pending case. The petitioner
further states that, being gainfully employed in Sharjah,
he is not in a position to abandon the employment which
he has secured with great difficulty and which is essential
for his livelihood.
3. The petitioner submits that, although the
criminal proceedings in Special Case No.89/2024 are
pending, the jurisdictional Police Officer is not permitting
him to leave the country solely on account of the
pendency of the said case. The petitioner expresses his
readiness to abide by such terms as may be imposed and
undertakes to appear before the Trial Court at all
mandatory stages, namely, at the time of framing of
charges, recording of statement under Section 313 of
Cr.P.C., and pronouncement of judgment.
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4. In view of the petitioner's willingness to furnish
an undertaking as aforesaid, this Court is of the
considered opinion that the petitioner is entitled to travel
abroad, subject to filing an appropriate undertaking before
the Court below. Upon such undertaking being filed, the
respondents shall permit the petitioner to leave the
country.
5. Accordingly, this Court passes the following:
ORDER
(i) The petition is allowed;
(ii) The petitioner is permitted to travel to
Sharjah, subject to his filing an undertaking
before the Trial Court within three days from the
date of receipt of a certified copy of this order,
stating that he shall appear before the Court
during the mandatory stages referred to above.
(iii) It is further made clear that the
petitioner shall forthwith appear before the Trial
Court as and when so directed.
(iv) Respondent No.2 shall forthwith
communicate this order to the Immigration
Authorities.
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HC-KAR
(v) In the event the petitioner commits any
breach of the above conditions, it is open to the
Trial Court to take appropriate action in
accordance with law.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
CA
