The High Court · 2025

Petition under Section 528 of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent to grant the interim custody of the vehicle INNOVA CRYSTA 242 ATTS BSVI with bearing no. TS07HP2727 and chassis no.M8JA83EM8025399750920 to the appellant. lA NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the order date 21-03 2025 in Crl.M.P.No.98 ot 2025 in Cr.No.92 of 2024 passed by the lAdditional District and Sessions Judge; Ranga Reddy District At L.B.Nagar pending disposal of the Criminal Appeal petition. Counsel for the Appellant :Sri Hanumantha Rao Bachina Counsel for the Respondent: SrirSyed fr"j::T;f;:.r, Additional The Court delivered the following: Judgment 'j --\ THE HONOURABLE SRI WSTICE J. SREENIVAS RAO CRIMINAL APPEAL No.449 of 2o25 JUDGMENT; This Criminal Appeal is filed under Section 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (tsNSS) by the appellant/o\^/ner of the property aggrieved by the order dated 21.o3.2o25 passed in crl.M.p.No.98 of 2o2s in crime No.92 of 2024 0n the file of the I Additional District arrd sessions Judge, Ranga Reddy District at L.B.Nagar, whereunder the application filed by the appellant for release of vehicle was dismissed. 2. Facts giving rise to filing of this criminal appeal briefly stated are that the appellalt is the owner of the vehicle i.e., Innova car bearing registration No.TS O7 Hp 2222, and the same was seized bv the police in respect of Crime No.92 of 2024 of EOW Police Station, Cyberabad Commissionerate, registered for the offences under Sections 316(2) and 31g(4) of the Baratiya Nyaya Sanhita, 2023 (tsNS) and Section 5 of the Telangana Protection of Depositors of Financiar Estabrishments Act, 1999 (IISPDFE Act'). The above said crime was registered against M/s. Gayathrie Infra Developers and its parterres, who were arrayed as accused Nso.l to 3. The appellant filed application I I I I z i.e., Crl.M-P-No.98 of 2025 for release of ttre above said Innova car on the grounds that he is the owner of the said vetricle' he was not made an accused in the crime and he is no way concerned with the alleged Crime No'92 of 2024' as the said crime was registered against accused Nos'1 to 3' However' ttre Courtbelowdismissedt}resaidapplicationonthegrorrndthat the appellant is a binami of accused No'2 and the vehicle was purchased ',Mith the proceeds of the crime and the appellart is not entitled for grant of release of vehicle' 3. Heard Mr' B' Hanumantha Rao' learned counsel for the appellant, and Mr' Syed Yasar Mamoon' learned Additional PublicProsecutorappearingfortherespondentState.

4. Learned counsel for the appellant submitted that the appellant is no way connected with Crime No'92 of 2024 and there are no allegations levelled against the appellant and he has not made an accused in the sard crime ' The appellant purchased the vehicle with his own funds and the said vehicle was leased out to accused Nos' 1 to 3 for their real estate activities. The vehicle stands in the name of the appellant only' Mere paying monthly installments by accused No'2 to the bank 3 the appellant, ttre Court below ought not to have -,nissed the application.

5. Learned Additional Public Prosecutor submitted that investigation is under progress. The appellant is not entitled to { seek release ol the vehicle at this stage. If the appellant seeks for release of his vehicle, he has to furnish a bank guarantee.

6. l,earned counsel for the appellant by way of reply submitted that the appellant is ready and willing to furnish a bank guarantee in respect of the va_lue of the vehicle.

7. Having considered the submissions made bv the respective parties and a_fter perusal of the material available on record, it reveals that the appellant filed cr1.M.p.No.9g of 2025 before the court below seeking rerease of the vehicle on the ground that he is the owner of the vehicle i.e., Innova car bearing No.TS O7 Hp 2727. The Court below dismissed the said application on the ground that accused No.2 paid the installment amount to the bank account of the appellant. Even according to the learned Additional Public Prosecutor, tlle investigation is under progress. However, in view of the submissions made by the respective parties, without expressing any view on merits of the case, this I I l 4 Court is inclined to release the vehicle of the appellant subject to the following conditions:" (i) -iegistration The appellant is directed to furnish bank guarantee with respect to the value of the vehicle i.e., Innova car bearing No. TS 07 HP 2727, as assessed by the Motor Vehicle Inspector, before the Station House Officer, EOW Police Station, Cyberabad Commissionerate, and also grving an undertaking that he will not alienate or create arly third party interest and he will produce the vehicle as ald when required for the purpose of investigation. (ii) On such furnishing the bank guarantee, the Station House Officer, EOW Police Station, Rachakonda Commissionerate is directed to the release the vehicle of the appellant. the above directions, the criminal appeal is disposed 8 of. Miscellaneous applications, pending if any, shall stand closed. Sd/. MOHD. ISMAIL DEPUTY REGISTRAR Note: This order is Amendment as cgurt order dated 02-052025 in !e.r r|ryo.3 of 202s n CRLA.No.449 of2025. I I I q*- The Judgrnenr dated, 23_04_ 2025 in CRLA.No.449 of 2025 para No.7, Condition (i) the name of the 'Rachakonda Commissionerate, as per court order, the name of the Commissionerate is modified as "Cyberabad Commissionerate,, in para No.7 Condition (i). This order substitutes the earlier order which uas dispatched on 26-04-2025. Issue amended order accordingly //TRUE COPY// Sd/. I. NAGA LAKSHMI JOINT REGISTRAR SECTION OFFICER To,

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