The High Court · 2025

The State of Telangana, Rep by its Public Prosecutor, High court Bulding, Hyderabad. ... PETITIONER/APPELLANT/ACCUSED RESPONDET/PROSECUTION 2 Sat Yalamanchiti, S/o Late Yalamanchili Radha Krishna Murthy Aged about 53 years 0/o 30/2RT, 1st Floor, Prakash Nagar Begumpet, Secunderabad - 500016. Represented by his Special Power of Attorney Holder K. Shiva Prasad, S/o Late Narsaiah Aged about 39 years, R/o Flat No. 301 3rd Floor, Sai Krishna Arcade Kakatiya Nagar, Neredmet Malkajgiri, Hyderabad - 500056. ...RESPONDENT/COMPLAI NANT Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased call for the records pertaining to the order dated 17.02.2025 in Crl. M. P. No. 584 of 2025 in Crl. A. No. 90 of 2025 so far as to deposit 2oo/o of lhe compensation amount of Rs. 3,40,70,685/-, i.e., Rs. 68,14,1371- in THREE SPELLS i.e., Rs. 27,14,'1371- by 04.04.2025, Rs. 21,00,000i- by 05.05.2025 and Rs. 20,00,000|-by 04.06.2025 respectively till the disposal of Criminal Appeal, and to Quash the same as illegal. l.A. NO: 1 OF 2025 Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to stay the order dated 12.02.2025 in crr. M. p No sbq of 2o2s n cr1. A, No. 90 of 2025 so far as to deposit 2oo/o of the compensation amount of Rs. 3,40,70, 685/-, ie., Rs 68,14,137t in THREE SPELLS ie, Rs 27,14,137t_ by 04 04 2025, Rs 2 1,00,000 t- by 05.05 2025 and Rs. 20,O0 0OO/_ by 04.06.2025 respectively. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri KIRAN PALAKURTHI, Advocate for the petitioner and sri. M vIVEKANANDA REDDY, Assistant Public Prosecutor, on behalf. of the Respondent No.1 and of sri G V K CHOUDARY, Advocate for the Respondent No.2 The Court made the following: OROER THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.3488 of 2025 ORDER: This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023'l by the petitioner/appellant/accused against the order, dated 17.O2.2O25 passed in Crl.M.P.No.5B5 of 2025 in Crl.A.No.9O of 2025 on the file of learned Special Judge for Trial of Offences under S.Cs and S.Ts (POA) Act-cum-Vl Additional Sessions Judge, Secuhderabad. By the impugned order, the petition hled by the petitioner under Section 389(1) of the Cr.P.C. was allowed, directing the petitioner to deposit the amount in three installments. The petitioner is required to deposit 2O%o of the compensation amount of Rs. 3,4O,7O,685/-, which amounts to Rs. 68,14,137/-. This amount is to be deposited in three installments (spells) as follows Rs. 27,14,137 l- by 04.O4.2025, Rs. 2l,OO,OOO l- by 05.05.2025, and Rs. 20,00,0O0/- by 04.06.2025. Aggrieved by this order, the petitioner has filed the present petition. 2 Heard Sri Kiran Palakurthi, learned counsel for the petitioner and Sri M.Vivekananda Reddy, learned Assistant , r' : \ 1 2 Public Prosecutor for respondent No.l - State and Sri G V R Choudary, learned counsel for the respondent No.2 3 Learned counsel for the petitioner submitted that the petitioner is not finalcially stable to deposit the amount imposed b1' the trial Court. In this regard, he placed reliance on the judgment of the Apex Court in Jambu Bandari us. Madhga Pradesh State Industrial Dbaelopment Corporation Limitedr and Rakesh Ranjan Shriurrstaaa as. State of Jharkhand and Another2,

3. f . He further sr-rbrnits that this is an exceptional case, as PW. 1, who filed the case, was examined-in-chief and partiaily cross-examined. However, he did not attend court for further cross-examination. Instead of eschewing the evidence of PW. 1, the trial court closed the cross-examination and retained his evidence, which is irregular. Therefore, this case qualifies as an exception to the requirement of depositing 20% of the amount in the appeal and prayed to allow the petition. 4 On the other hand. the learned counsel for respondent No.2 submits that PW. 1, an agent of the original compiainant, filed the case. He appeared before the court for cross- examination, and only the further cross-examination remains I Crl.A.No.2741 of 2023 dated 04.O9.2023 ' 1zozay a scc lts 3 pending. Therefore, the trial court rightly dismissed the petition to eschew the evidence of PW. 1, as the opportunity for cross_ examination had already been availed by the accused. Taking this into consideration, the evidence cannot be entirely eschewed. The learned counsel further submits that this is not an exceptional case warranting suspension of the requirement to deposit 2Oo/o of the compensation amount imposed by the trial

5. Considering the submissions made by the learned counsel for the petitioner and the material on record, the contention is that 2Oo/o of the cheque amount of Rs. 6g,14, 137/- is a substantial sum, and directing the accused to deposit such an amount would cause serious prejudice to him. It is further submitted that the accused has not even received the cheque amount and was not directly involved, as the trarsaction was between the' complainant and a third party. Therefore, the petitioner has requested the Court to reduce the deposit amount and has relied upon the judgments of the Honble Apex Court in Jambu Bandari us. Mad.hga prordesh State Industrial , I Deaeloprnent Corporation Litnited (Supra 7) and. Ro,kesh Ranjan Shriuqstaaa as. State of Jharkhand and Another (Supra 2). 4 -i In the above judgments, the Hon'ble Apex Court observed that it is not mandatory for the accused to deposit 2O7o of the cheque amount. It is within the discretion of the Court to direct such a deposit for the purpose of suspension of the sentence or proceedings.

6. Considering the submissions made by both parties and in light of the judgments of the Hon'ble Apex Court, this Court is inclined to reduce the deposit amount from 68 lakhs to 25 lalchs, to be deposited by the petiLioner. 7 . Accordingly, thb Criminal Petition is disposed of directing the petitioner to pay reduced amount i.e., Rs.25,O0,O0O/- (Rupees twenty Iive lakhs only) shall be deposited by the petitioner within a period of two (02) months from the date of receipt of copy of this order. Miscellaleous applications, if any pending, shall also stand closed. //TRUE COPY// SO/- K.AMMAJI DEPUW REGISTRAR t SECTION OFFICER llg,.St_._"lg.| Ju{ge for Triat of Offences under SCs and STs (pOA) Act cum Vt Addtttonal Sessions Judge, Secunderabad. \ To, 1

2. One CC to SRt KtRAN PALAKURTHtAdvocate [OpUC] 3. Two ccs to PUBLTG pRosECUTOR High court for the state of rerangana

4. One CC to SRl. G V K CHOUDARy Advocate tOpUCl 5. Two CD Copies MKN/PSL Jl fr./ HIGH COURT DATED:0710712025 ORDER CRLP.No.3488 of 2025 t .1.} DISPOSING THE CRIMINAL PETITION