Tejavath Kaftamma v. 1. The State of Telangana

This Petition ccming on for hearing, upon perusing the M:rmorandum of Grounds of crimirral Petition and upon hearing the argumenls 01 Sri Laxmaiah Kanchani, Advocarte for the Petitioner and the Additional Public Prosecutor on behalf. of the ResponrJ':nt No.1. The Court made the "ctllowing: ORDER THE HONOURABLE SRI JUSTICE K.SARATH CRIMINAL PETITION No.6694 of 2O25 ORDER: This Criminal Petition is filed under Section 52g of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short .BNSS, 2023'), seeking quashment of the proceedings in warrant in M.C.No.65/2024, dated 20.06.2024 passed by the Mandal Executive Magistrate, Chennaraopet, against the petitioner.

2. Heard learned counsel flor thc petitioner and learned Additionai Public Prosecutor, representing the respondent No.l

3. In the impugned proceedir.rgs, the petitioner has been committed to prison under a warranf f,or breach of bond for good behaviour executed under Secrion 122 (l) (b) ofCr.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/hear.ing and taken into custody by executing the warrant on 12.05.2025. Further, pleaded that mere \ registration of crime, without there being any conclusive findings, committing the petitioner on the ground of breach of bond is l I \ 2 urltenable. Irur.lier, the 2nd respondent has not fo llov"ed the procedurc Llid down under BNSS in conducting en:1uiry and recordingtlreer'jdencetoascertaintheinformatirlnanllLlsonot issued an1' not (:t: or not given any opportunity to the pt' titioner before passing orders under Section 14 I of BNS S. Irtrt'tl tetrr ore pleaded thal this Court, having considered the cases ol- tlte other petitioners. u'ho were in similar stand' had qu:rshed the proceedings fo: l.rot providing the due opportunitl antl in lbsence of any conclus..re material as to breach of bond' Thus, prrl'cd lor interference and quashment of the proceedings'

5. Learnr:d ,\dditional Public Prosecutor woulcl subr'-Lit that the Executive tu4allistrate uporr following due procedure -ra'l issucd the warrant uprn registration of COR and taking the -epcrt ol the Station House Officer, Prohibition and Excise Slation dated

24.04.2025 inLl account the petitioner was sent to r:r isou for breach of b,rnc..

6. I ha\'€, perLrsed the materials on record. 3 7 . The petitioner is not disputing the fact of execution of bond over good behaviour for a period of twelve months for a sum of Rs.1,00,000/- , with self surety, before the Mandal Executive Magistrate, Chennaraopet. As per the petitioner, upon the reporl of the Station House Officer, Prohibition and Excise Station, the COR has been registered against the petitioner alleging commission of related offence, the Mandal Executive Magistrate proceeded with the notice for forfeiture of bond for good behaviour. In the absence of the material indicating proper service of notice and mere registration of crime would not be a conclusive fact to hold that the petitioner has committed breach of bond, this Court is of the considered view that the conclusion drawn by the Executive Magistrate for lorleiture of bond and committing to prison under warrant is untenable and unsustainable.

8. For the aforesaid reasons, the Criminal Petition is liable to be allowed and the impugned warrant dated 12.05.2025 passed by the Mandal Executive Magistrate, Chennaraopet,, is hereby set aside. However, it is needless to say that, the authority would be I I at liberty t,t lake steps, if required, at appropriate stage' in 4 accordance iv it.l [aw. g. As the irr.pugned order/warant is set aside, tl.re pr'rtitioner shall be set at libefty. The 4th respondent-superinrerdent of District Prilton lor Women, at Narsampet, Warangat Di';trict' is directed to release the petitioner forthwith'

10. With this observation, the Criminal Petition is allori'e:d' Pending ririscellaneous applications, if any, shall stand closed. To, s d/- AH M E D ABR#r.'-tBi!+HiH I //TRUE COPY// '., sEcrloN oFFtcER opet (M), \tVarangal hennara 1 . The Execulive l/lagistrate-cum-Tahsildar' C , ffX8tCt tr: the Public Prosecutor' state of Telangana' Higl, (lourt Buildings' at Hyderabad 3?ur^)-, n:^+.i^+ Drie.rn f^r woman. At Narsirnrpr,d, warangal a. ii"'srp"rintendent of District Prison forwoman' District. (B / SD':ed Post) 4. The statio,r nrr." oii.'"r, Narsampet proh. and Excise dirtit;n, warangal 5. One CC tc Sr ' Laxmaiah Kanchani' Advocate [OPUCI 6. Two CD tlollies District. DUPSRV HIGH COURT SK,J DATED:28/0512025 (1. a €r o 2E li 1? '-) _,+ ')'. : -, ORDER CRLP.No.6694 ot 2025 ALLOWING THE CRIMINAL PETITION 6,I $I I I,-i'