[Cites 2, Cited by 0]
Karnataka High Court
Sri Mohammed Safwan vs Ste By Karnataka By on 11 February, 2026
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2026:KHC:8132
CRL.P No. 1089 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 1089 OF 2026
(482(Cr.PC) / 528(BNSS)
BETWEEN:
SRI. MOHAMMED SAFWAN
S/O. HAJI MULIYA ABOOBAKER SIDDIQUE,
AGED 35 YEARS,
R/AT DOOR NO.17-23-1625/2,
SUPREME COTTAGE, D' SILVA ROAD,
HIGHLAND, KANKANADY POST,
MANGALURU - 575 002.
...PETITIONER
(BY SRI. NISHIT KUMAR SHETTY, ADVOCATE)
Digitally signed AND:
by SANJEEVINI
J KARISHETTY
Location: High 1. STATE BY KARNATAKA BY
Court of
Karnataka CEN CRIME POLICE STATION,
MANGALORE CITY,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE - 560 001.
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NC: 2026:KHC:8132
CRL.P No. 1089 of 2026
HC-KAR
2. SRI. VARUN RAVINDRAN,
S/O. P.M. RAVINDRAN,
AGED ABOUT 41 YEARS,
DEPUTY GENERAL MANAGER
AND BRANCH HEAD,
FALNIR,
KANKANDY,
MANGALURU CITY-575001
...RESPONDENTS
(BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1)
THIS CRL.P. IS FILED U/S 482 OF CR.PC (FILED U/S 528
BNSS) PRAYING TO ALLOW THE PETITION AND SET ASIDE THE
ORDER DATED 14/11/2025, MADE IN CRL.MISC.NO.912/2025
BY THE II ADDL DISTRICT AND SESSIONS JUDGE, D.K.,
MANGALORE IN RESPECT OF APPLICATION FILED BY THE
PETITIONER UNDER SECTION 482(2) OF BNSS FOR
RELAXATION OF BAIL CONDITION NO.7 AND PERMIT THE
PETITIONER TO TRAVEL ABROAD BY RELAXING THE BAIL
CONDITION NO.7.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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CRL.P No. 1089 of 2026
HC-KAR
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court, seeking the following
prayer:
"WHEREFORE, it is respectfully prayed that this Hon'ble
Court may kindly be pleased to allow the Petition and set
aside the Order dated 14/11/2025, made in
Crl.Misc.No.912/2025 by the II Addl District & Sessions
Judge, D.K., Mangalore in respect of Application filed by the
Petitioner under section 482(2) of BNSS for relaxation of bail
condition No.7 and permit the petitioner to travel abroad by
relaxing the bail condition No.7, in the interest of justice."
2. Heard Sri. Nishit Kumar Shetty, learned counsel
appearing for the petitioner and Sri. B.N. Jagadeesha, learned Addl.
SPP appearing for respondent No.1.
3. The petitioner is accused No.2 in Crime No.48/2025.
On registration of the crime, seeks anticipatory bail as obtaining
under Section 482(2) of the BNSS. The concerned Court though
grants bail to the petitioner stops him from travelling beyond the
shores of the nation. It is, therefore, the petitioner is before this
Court seeking relaxation of bail condition, as he has his business in
Saudi Arabia and wants to travel for the purpose of business.
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4. Learned counsel for the petitioner submits that he is
infact a victim in the entire episode of trickery by the bank officials,
who had played fraud involving misappropriation of cash of
Rs.5,00,00,000/- of the bank and fraudulent gold loan
disbursements and tampering with the pledged gold ornaments in
the IDBI Bank. They are facing the acts of crime.
5. Learned counsel submits that the petitioner being a
victim should not be stopped from travelling beyond the shores of
the nation for the purpose of business and that would curtail his
fundamental right.
6. Learned Addl. SPP though would vehemently refute the
submissions to contend that the petitioner if he is permitted to
travel beyond the shores of the nation, would not be available for
future trial and therefore, leaves the decision to the hands of this
Court.
7. I have given my anxious consideration to the
respective submissions made by the learned counsel and have
perused the material on record.
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8. The link in the chain of events are a matter of record.
What leads the petitioner to the concerned Court to seek
anticipatory bail is the acts of the other accused - the bank officials
involving themselves in serious fraud of alleged misappropriation of
Rs.5,00,00,000/- and fraudulent gold loan disbursements. The
petitioner registers a crime against the said Bank officials. The
police after investigation is said to have filed a 'B' report, shocking
enough. The 'B' report is contested too and further investigation
that is now happening in the case at hand against the said bank
officials. Be that as it may.
9. The petitioner has a fundamental right to travel. It can
be curtailed only on circumstances where the petitioner could
escape trial or otherwise. The bail conditions are generally imposed
that he should not travel beyond the shores of the nation. The
petitioner has produced his avocation and his business in Saudi
Arabia and would undertake that he would be available for trial at
any given point in time, failing which, appropriate action could be
taken.
10. In the light of the aforesaid circumstance though not
declaring that the petitioner is a victim, as the petitioner is shown
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as accused No.2, I deem it appropriate to relax the condition,
however, subject to the condition that the petitioner, if he would
escape trial or summons from the hands of the concerned Court at
the appropriate time unless specific exemption is granted,
appropriate action would be directed to be taken even impounding
of the passport by the passport authorities.
11. For the aforesaid condition, the following:
ORDER
(i) The petition is allowed.
(ii) The order dated 14.11.2025 in Crl.Misc.No.912/2025
passed by the II Additional District Sessions Judge,
Dakshina Kannada, Mangalore in respect of relaxation
of bail condition No.7 to permit the petitioner to travel
abroad, is hereby set aside with the aforesaid
observations.
Sd/-
(M.NAGAPRASANNA)
JUDGE
SJK
List No.: 1 Sl No.: 8
