Income Tax Case : Bengaluru Court Gives Two-Year Permission To DK Shivakumar For Foreign Travel

Karnataka's Deputy Chief Minister and likely next CM D.K Shivakumar has been permitted by a Bengaluru Court to travel abroad for a period of two years, citing the 'doctrine of parity' in a tax evasion case from 2017 after noting that a co-accused in the same case had already been granted similar permission.The XLII Additional Chief Judicial Magistrate, Bengaluru- K.N. Shivakumar, allowed the application filed by the senior Congress leader, who is accused No.1 in the case pending before the court.The court further noted that the grounds urged for seeking permission appeared 'genuine and bonafide'."….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…," the court observed in the order dated May 15.Additionally, the court noted that accused No.3 [Sunil Kumar Sharma- [proprietor of M/s. Sharma Transports] in the same case had already been granted permission to travel abroad for a period of eight months. Relying on the doctrine of parity, the court held:"…That being the case, the said benefit cannot be denied to this accused because of the doctrine of parity. As held by Hon'ble High Court of Karnataka in the case of A.V. Vinoda and Another v. State of Karnataka, like cases should be treated alike and if relief is granted to a litigant, similar relief cannot be denied to other similarly circumstanced litigants, subject to all just exceptions…”.The court observed that the complainant-Income Tax Department had not made out any exceptions in the case of Shivakumar when compared to accused No.3-Sunil Kumar Sharma.The court further inferred that the Special Public Prosecutor for the Income Tax Department did not seriously object to granting permission, except for the contention that a two-year window was not maintainable since it could amount to recalling a condition of bail.Accordingly, the court allowed the application, permitting Shivakumar to travel to the USA, UK, Australia, Russia, European and Arab nations over a period of two years, subject to certain conditions. The conditions include furnishing the details of travel itinerary to each of the aforementioned countries periodically to the investigating agency.ContextIncome Tax Department has alleged Shivakumar, who was the Minister for Water Resources and Medical Education at the relevant time, had allegedly engaged in transporting huge amount of unaccounted cash through hawala channels along with two businessmen. According to Income Tax Department, Sunil Kumar Sharma, as the proprietor of Sharma Transport, was Shivakumar's accomplice who made possible the movement of the funds through hawala channels.Earlier, Shivakumar had been enlarged on bail by the CJM court with a specific condition that he shall not leave the country without its permission. Consequently, he filed an application seeking permission to travel abroad for a period of two years, citing both business requirements and official duties as the Deputy Chief Minister of Karnataka.The Deputy Chief minister currently holds the portfolios of Minor Irrigation and Bengaluru Urban Development. Shivakumar also runs educational institutions and is engaged in the business of transportation through M/s. Sharma Transports. Minister Shivakumar is likely to succeed Siddaramaiah to the post of state's Chief Minister in the coming days, amidst a changing political landscape.Further ObservationsWhile allowing the Deputy CM's application, the court also noted that it had previously granted similar permission to Shivakumar for a period of one year by an order dated August 22, 2024.Significantly, the court observed that proceedings in the case have been stayed by the Supreme Court in Special Leave Petition (Criminal) No.5487/2021 and 11386/2019."….That being the case, the personal presence of accused in this case may not be required until further orders from Hon'ble Apex court…" the court added.The matter has been posted for further hearing on June 10, 2026.Case Title: Income Tax Department v. D.K. Shivakumar & Others Case Title: CC 30798/2021Click here to read the order

Income Tax Case : Bengaluru Court Gives Two-Year Permission To DK Shivakumar For Foreign Travel

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Income Tax Case : Bengaluru Court Gives Two-Year Permission To DK Shivakumar For Foreign Travel

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