Smt. Bodige Devendra v. 1. The State of Telangana

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 quash the proceedings in warrant in tvlC. No. C18012024, Daled 1110412025 on the file of The Executive Magistrate and Tahsildar, Geesugonda Mandal, Warangal District. l.A. NO: 2 OF 02 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 direct the 4th respondent - the Superintendent of District Prison for woman, at Narsampet, Warangal District to forthwith release the Petitioner i.e. Smt. Bodige Devendra, W/o. Chandraiah from the District Prison, Warangal in relation to proceedings in warrant in MC. No. Cl8Ol2O24, Dated 11/04/2025 on the file of The Executive Magistrate and Tahsildar, Geesugonda Mandal, Warangal District till the disposal of the Quash Petition in the interest of the justice. This Petit:n coming on for hearing, upon perusing the Memorandum of Grounds of Crrninal Petition and upon hearing the arguments of Sri B MURALIDHAR, l\dvocate for the Petitioner and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of Respondent No.1 and none appeared for the Respondent N.lo 2. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No.5325 OF 2025 ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short 'BNSS, 2023'), seeking quashment of the proceedings in It/.C.NoC/80/2024, dated 11.O4.2025 passed by the l/andal Executive Magistrate & Tahsildar, Geesugonda Mandal, Warangal District, against the petitioner. 2 Heard ltlr.B.lVuralidhar, learned counsel for petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No. '1

3. ln the impugned proceedings, the petitioner has been committed to prison under a warrant for breach of bond for good behaviour executed under Section 122 (1) (b) of Cr.P.C

4. Learned counsel for the petitioner would submit that the petitioner has been committed to prison without there being an opportunity of explanation/hearing and taken into custody by executing the warrant on

11.04.2025. Further, pleaded that mere registration of crime, without there being any conclusive findings, committing the petitioner on the ground of breach of bond is untenable. Further, the 2nd respondent has not followed the procedure laid down under BNSS in conducting enquiry "' i! ,i: ,.:j :- ) NI <,ri. P.\0. 5 )25 ol 202f and recording the evidence to ascertain the information before passing orders under Section 141 of BNSS. Furthermore pleaded that this Court, having considered the cases of the other petitioners, who were in similar stand, had quashed the proceedlngs for not providing the due opportunity and in absence of any conclusive material as to breach of bond. Thus, prayed for interference and quashment of the proceedings.

5. Learned Additional Public Prosecutor would submit that the Executive Magistrate upon following due procedure had issued the warrant upon registration of COR and taking the report of the Station House Officer, Prohibition and Excise Station dated 11 04.2025 into account the petitioner was sent lo prison for breach of bond

6. I have perused the materials on record

7. The petitioner is not disputing the fact of execution of bond over good behaviour for a perrod of two years for a sum of Rs.2,00,000/- , with a surety, before the [/landal Executive [Vlagistrate, Geesugonda. Further, as per the report of the Station House Officer, Prohibition and Excise Station, dated 1114.2025, the COR has been registered against the petitioner alleging possession and trading of illicit liquor. Basing on such report, Tahsildar and Mandal Executive Magistrate proceeded with the notice for forfeiture of bond for good behaviour. Though the prosecution has pleaded that due procedure has been followed, there is no materia I 3 N n{,il Cr/.l'.No. 5 325 of 2025 / / .- indicating proper service of notice. On the top it, the notice - dated 1 1 04.2025 has directed to show cause or to pay penalty of Rs.2,00,000/- within (7) days from the date of receipt of the notice, however, on the very same day, the warrant of commitment on failure to comply with the undertaking of good behaviour'and the show cause notice was issued. Thus, it is apparent on the face of the record that the authority has passed the impugned order in haste without following due process. That apart, earlier this Court has taken the view that mere allegation of commission of offence cannot be taken as conclusive to hold that the petitioner/accused has committed breach of bond, unless the guilUcharge of the offence has been proved before the competent Court ln that view, the conclusion drawn by the Executive Magistrate for forfeiture of bond is untenable and unsustainable

8. For the aforesaid reasons, the Criminal Petition is liable to be allowed and the impugned warrant dated '1 1.04.2025 passed by the Executive lVlagistrate & Tahsildar, Geesugonda Mandal, is hereby set aside. However, it is needless to say that, the authority would be at liberty to take steps, if required, at appropriate stage, in accordance with law. L As the impugned order/warrant is set aside, the petitioner shall be '- .-,set at liberty. The 4th respondent-Superintendent of District Prison for 4 N]R,/ Cr/.l,.i'.r. 5 )2 5 o/20?5 Women, at Narsampet. Warangal District' is directed to release the petitioner forthwith

10. With this oh'servation this petition is allowed Pending miscellaneous applications, if any, shall stand closed //TRUE COPY// SD/. T. JAYASBEE DEPUW REGISYRAR \/\Y SECTION OFFICER To,

1. The Executive Magistrate -cum- Tahsildar, Geesugonda Mandal' Warangal District.

2. The statio. House officer, Proh. and Excise station Parkal, warangal District 3. The Su per,-rtend ent, District Prison for woman, at Narsampet, Warangal +. Two Cis [o the Public Prosecutor, High Court for the State of Telangana at District (By speed Post) Hyderabac (OUT)

5. One CC to SRI B I/URALIDHAR, Advocate [OPUC] 6. Two CD Ccpies ADK,/DL I I i i I i i I i I I HIGH COURT DATED:1610412025 ORDER CRLP.No.5325 of 2025 // ,/i -) , ALLOWING THE CRLP 1fr'-,--\ 'ox\ , -.\ 1,- t' AI1 RP 2ffi tc\: