Case Note & Summary
The petitioner, Mrs. Hu Xiaolin, a Chinese national, was arrested in connection with Crime No.8/2021 registered by the CID Cyber Crime Police Station, Bengaluru, for alleged offences under the Information Technology Act and Indian Penal Code. She was granted bail by the Principal City Civil and Sessions Judge, Bangalore, on conditions including surrender of her passport. She filed a petition under Section 482 Cr.P.C. before the High Court of Karnataka seeking modification of bail conditions to permit her to travel abroad, specifically to China, for medical treatment and to visit her ailing mother. The High Court, after hearing the parties, allowed the petition subject to conditions: the petitioner must furnish a bank guarantee of Rs. 5,00,000, execute a personal bond with two sureties, provide an undertaking to return to India within two months, and surrender her passport upon return. The court held that the right to travel is a facet of personal liberty under Article 21 of the Constitution, and that modification of bail conditions is permissible under Section 482 Cr.P.C. to secure the ends of justice. The court also directed the petitioner to provide details of her travel itinerary and to cooperate with the investigation.
Headnote
A) Criminal Procedure - Bail Conditions - Modification - Travel Abroad - Section 482 Cr.P.C. - Petitioner, a Chinese national, sought modification of bail conditions to travel to China for medical treatment and to meet her ailing mother - Court allowed the petition subject to conditions including furnishing of bank guarantee and undertaking to return - Held that the right to travel is a fundamental right under Article 21, and the court can modify bail conditions to secure ends of justice (Paras 1-10).
Issue of Consideration
Whether the petitioner, a Chinese national accused in a cyber crime case, should be permitted to travel abroad in modification of her bail conditions.
Final Decision
The High Court allowed the petition and modified the bail conditions to permit the petitioner to travel abroad, subject to conditions: (i) furnishing a bank guarantee of Rs. 5,00,000; (ii) executing a personal bond with two sureties; (iii) undertaking to return to India within two months; (iv) surrendering passport upon return; (v) providing travel itinerary to the investigating officer.
Law Points
- Bail conditions can be modified to permit foreign national to travel abroad for medical treatment and family visit
- subject to furnishing of security and undertaking to return
- Section 482 Cr.P.C. empowers High Court to modify bail conditions to secure ends of justice
