One CC to Sri v. Yadu Krishna Sainath

Petition under section 52g of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminai pEtition,ftre iigt C"r.t ;y o" pleased to suspend the operation of warrant of commitme it ot.r r .oi.iozs g_assed by the Respondent No.2 in proceedings in MC No. 11012024 itl iiru Mandal Executive Magistrate, Geesukonda "r the petitioner/Accuiea ano thereby .direct the Respondent No.4 to releas6 the petitioner/accused i.e., smt. Bhukya Lalitha, forthwith, pending disposar of the above criminar petition. "against "n This Petition coming on for hearing,upon perusing the Mernorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri V.. Yadu Krishna sainath, Advocate for the Petitioner and Ms. Shalini saxe ra, Assistant Public Prosecutor representing Mr. Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 The Court made the following: ORDER I THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMI NALP ETI TroNNo. 55 500 F2025 RDER This Criminal petition Nagarik Suraksha is filed under Section 528 of Bharatiya Sanhita, 2023 (for short 'BNSS, 2023'), seeking quashment of the proceedings against the petitioner in Warant in M.C.No. i 10t2024, dated 11.042025 passed by the Mandal Executive Magistrate & Tahsildar, Geesugonda Mandal Warangal District 2. Heard Mr.V.yadu Krishna Sainath, learned counsel for petitioner and Ms.B.Shalini Saxena, representing tt4r.Jithender Rao Veeramalla, Prosecutor, appearing for the respondent No.1 learned Assistant public prosecutor, Iearned Additional public 3' rn 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 subm has been committed to prison without there being explanation/hearing and taken into custody by execut 11.04.2025. Further, pleaded that mere registration there being any conclusive findings, committing the ground of breach of bond is untenable it that the petitioner an opportunity of ing the warrant on of crime, without petitioner on the Further, the 2"d respondent has r--&Il 2 \]R ( , P \tt. " -0 ol ?01' not followed the procedure laid down under BNSS in condur.;ting enquiry and recording the evidence to ascertain the information and also not issued any notice or not given any opportunity to the petitioner before passing orders unrler Section 141 of BNSS. Furthermore ;:leaded that this court, having considered the cases of the other petitione-s. who were in similar stand, had quashed the proceedings for not provi,Jing the due opportunityandinabsenceofanyconclusivematerialastobreachof bond. Thus, prayed for interference and quashment of the proceedings.

5.LearnedAssistantPublicProsecutorwouldsubnritthatthe Executive tVlagistrate upon following due procedure had issued the warrant upon registration of coR and taking the report o[ the station House officer, Prohibition and Excise Station dated 11.)4.2025 into account the petitioner was sent to prison for breach of bond

6. I have perused the materials on record T,Thepetitionerisnotdisputingthefactofexecution]fbondover good behaviour for a period of two years for a sum of Rs 2,Cr0,000l , with a surety, before the lVlandal Executive Magistrate, Geesugonda. Further, as per the report of the Station House officer, Prohibition and Excise Station, dated 1 1 04.2025, the COR has been registered against the petitioner alleging commission of related offence. Basing on such report, Tahsildar and tt/andal Executive tt/lagistrate proceeded with the notice for -..*l 1 J N7R,Jr Cr/.1'.N0. 5550 oJ 2025 forfeiture of bond for good behaviour. Though the prosecution has pleaded that due procedure has been followed, there is no material 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 I I 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 ltlagistrate 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 11.04.2025 in M.C.No.110 of 2024 passed by the Executive Magistrate & 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 --tI 4 \71{, (.t l'\,, ii;l) ol 2025

9. As the impugned order/warrant is set aside, the petitioner shail be set at liberty. The 4th respondent-Superintendent of District prison for Women, at Narsampet, Warangal District, is directed to release the petitioner forthwith I \ 10 With this observation, the Criminal petition is allowed. Pending miscellaneous applications, if any, shall stand closed //TRUE COPY// SD/. T. JAYASREE DEPUTY' REGISTRAR t\'.lS -='.==:-- ECTTON OFFICER To,

1. The Mandal Executive ltilagistrate, Geesugonda 2. fwo CCs to the Public Prosecutor, State of Telangana, High Corrt Buildings at Hyderabad[OLIT]

3. The Executive Magistrate-cum-Tahsildar, Geesukonda Mandal, Warangal District,

4. The Station House Officer, Prohibition and Excise Parkal, Warangal District. 5. The Superintendent of District Prison for Woman At Narsampet' Warangal District. (By Speed Post)

6. One CC to Sri V. Yadu Krishna Sainath, Advocate [OPUC] 7. Two CD Copies Plp/gh 5 . l' : 'i ,:.,;r e o L) 1 lE Sr4 14 ( 2[APH zffi * O4. p^ . t,r' ,+ (r ),i ;) HIGH COURT DATED:2310412025 ORDER CRLP.No.5550 of 2025 ALLOWING THE CRL.P. (9w"4 k^\-