Tax evasion case: Bengaluru court allows DK Shivakumar to travel abroad

A Bengaluru court has allowed Karnataka Minister DK Shivakumar to travel abroad over a two-year period, after the Congress leader sought such permission in line with a bail condition imposed on him in connection with a tax evasion case [Income Tax Department vs D K Shivakumar & others]..Additional Chief Judicial Magistrate at Bengaluru, Judge KN Shivakumar, allowed the application filed by Shivakumar seeking permission to travel to multiple countries for official and business purposes, subject to certain conditions. .The court has permitted Shivakumar to travel to the United States, European countries, the United Kingdom, Australia, Russia and Arab nations over the two-year period. This is subject to the condition that Shivakumar inform the investigating agency in advance about his travel schedule and details of each foreign visit.The court further ordered that Shivakumar must appear before it whenever directed.The court clarified that the prosecution would be at liberty to seek appropriate orders to cancel such permission to travel abroad if Shivakumar violates any of these conditions."In the event of any default on the part of this accused, the investigating agency or the prosecution is at liberty to make necessary application," the May 15 order states..The matter concerns a tax evasion case registered against DK Shivakumar, Sachin Narayan, Sunil Kumar Sharma, Anjaneya Hanumanthaiah and N Rajendra under Sections 276C(1), 277 and 278 of the Income Tax Act, 1961, read with Sections 193, 199 and 120B of the Indian Penal Code. The case was registered following raids conducted in 2017 at premises linked to DK Shivakumar.The cases against Shivakumar relate to three income-tax assessment years beginning from 2015-16.The Income Tax Department has also accused him of attempting to destroy crucial evidence during searches conducted at Eagleton Golf Resort on the Bengaluru-Mysuru highway on August 2, 2017, during which officials allegedly seized around ₹8.83 crore in cash.Shivakumar has maintained that the investigations were politically motivated..While granting Shivakumar bail in the case, the trial court had ordered him not to leave India without its permission. Accordingly, Shivakumar filed an application seeking permission to travel abroad over the next two years in connection with business purposes and in connection with his duties as a State Minister. The trial court, in its May 15 order, found that his application appeared to be genuine. "It appears that this accused may be required to travel to different countries in connection with the development or improvement of his business in his personal capacity and in connection with development of different schemes and projects under his portfolio like minor irrigation and Bengaluru Development. Therefore, the grounds urged for seeking permission to travel appear to be genuine and bonafide," the order stated. .The court also noted that earlier, another accused was permitted to travel abroad for an eight month period. The court opined that there was no reason to deny Shivakumar similar relief. The court also observed that two co-accused had approached the Supreme Court and secured a stay on trial court proceedings in the instant case. Therefore, the court noted that Shivakumar's personal presence may not be required for trial until further orders from the Supreme Court. Moreover, the court also noted that this was not the first time that Shivakumar was given permission to travel abroad. He had earlier visited Dubai between March 28, 2022 and April 3, 2022, after getting permission from the court concerned. In 2024 as well, he was granted permission to travel abroad for a year, the court noted in its latest order. In view of all these factors, the trial court proceeded to grant Shivakumar conditional permission to travel abroad over a two-year-period. .[Read Order]