TIMMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner 1 in Cri. Misc. No. 703 of 2012 on the file of the V Additional Sessions Judge, Belgaum has come up in this petition seeking to quash the order dated 8-8-2016 passed in the aforesaid proceedings so far as it pertains to him with reference to diluting the bail conditions imposed while enlarging him on bail in Cri. Misc. No. 703 of 2012.

(2.) Admittedly, the proceedings in Crime No. 232 of 2012 registered with Malmaruti Police Station is at the instance of the Petitioner's estranged wife, wherein accusations are made against him and other members of his family for the offence punishable under Sections 498-A, 504 and 506 read with Sec. 34 of the Indian Penal Code, 1860 and under Sections 3 and 4 of the Dowry Prohibition Act, 1961. In the said proceedings the accused were enlarged on bail subject to certain conditions by order dated 23-6-2012 in Cri. Misc. No. 703 of 2012. It is the case of the petitioner herein that, he is an executive in Tata Motors and his job required him to go abroad on regular intervals in connection with his job. Hence, an application is filed by him in Cri. Misc. No. 703 of 2012 on the file of the V Additional Sessions Judge, Belagavi, which was disposed of by order dated 23-6-2012 seeking dilution of certain conditions so far as it pertains to petitioner herein. The said application is considered and an order is passed on 8-8-2016, which reads as under: "The application filed by the petitioner 1 under Sec. 439(l)(b) of Criminal Procedure Code, 1973 is partly allowed with following conditions:

(3.) The petitioner being aggrieved by the same has come up in this petition challenging the very basis of impounding the passport on the premise that, other than Passport Officer, who has an authority to issue passport under Sec. 10(3) of the Passports Act, 1967 no other authority can seize the same. Therefore, the order dated 8-8-2016 is required to be quashed.