The Telangana High Court has allowed a US Citizen who was accused in a Dowry Case to leave India.
The single-judge bench of Justice Juvvadi Sridevi allowed the Criminal Petition filed under Section 439 CrPC challenging Magistrate order restricting him to fly to United States to pursue his employment.
Brief Facts of the Case
The case is of dowry in which the father of the girl filed a complaint against the boy and his parents but at that moment he was residing in the USA. He was also a citizen of the USA, after completion of investigation by the investigation officer a charge sheet was filed against the boy and his family for the offences punishable under Section 498-A of IPC and Sections 3 and 4 of the Dowry Prohibition Act.
The petitioner did not show up at court so the court issued a non bailable warrant against him and summons to his parents. Upon the pending NBW against the boy a look out notice was issued against the boy. Later on the boy visited India to meet and take care of his parents after this the boy was detained by officials on the grounds of the look out notice, they also seized his passport and handed him over to the police.
The accused was produced before the additional metropolitan magistrate, Cyberabad and he was released on bail on furnishing of personal bond of Rs 10,000 along with two sureties of like sum each and further directed him to not leave India without the permission of the court until further orders, this order was passed on 6th April 2022. Later on he filed a Criminal Miscellaneous Petition seeking the release of his passport which was allowed on 13th May 2022 with the condition that he shall not leave India without the permission of the court. Later on a petition was filed by the boy to travel to the USA in the same court but it was dismissed by the court on the grounds that the accused had not disclosed when he would return back for proceeding with the case and had also not given any specific undertaking with regard to the steps that would be required for closure of the case.
In reply to this the accused filed an undertaking affidavit before the court which stated that he has undertaken in his petition that he will return to India as and when the trial court tells him to and he has to rush back to the USA to fulfill his duties, it was also mentioned by him that he would be filing a petition under Section 205 of Cr.P.C to permit him to be represented by a special vakalath holder for smooth functioning of the trial, he also stated that he shall return to India by the end of October 2022.
High Court's Observation
Considering all of the said facts, the High Court set aside the impugned order and allowed the accused to travel to the states to pursue his employment but for a period of 6 months from the date of the judgment. The court also issued a personal bond of Rs. 1,00,000/- and the accused has to offer bank guarantee/FDR for the said amount before he departs from the country. It was also made clear by the court that if he fails to return to India within the given time, the personal bond and bank guarantee offered by him shall stand forfeited in favour of state government without any notice, however, LOC if any issued against the accused his passport shall be kept in abeyance for a period of 6 months.
Case Details: CRIMINAL PETITION No.4408 of 2022
Coram: Justice Juvvadi Sridevi
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