The High Court · 2025

Petition under Section 482 of BNSS praying that in the circumstances stated in the l\rlemorandum of Grounds of criminal Petition, the High court may-be ;i;r;;J to grant anticipatory bait to the petitioners/Accused in c.c.No.166 of 2015 lprit ,p c.i.trto.s ot 2023 on the file of special iudge for Trial of SPE and AcB iases At Karimnagar in the event of his arrest' This Petition coming on for hearing, upon perusing the Memorandum of GroundsofCriminalPetitionanduponhearingtheargumentsofMs'Vanaparthi Vaishali, Advocate for the Petitioner and Sri T Bala Mohan Reddy' Special Public Prosecutor on behalf of the Respondents The Court made the following: ORDER 'I'lt]: IION'BLE SRI JUSTICE SREENI\'/AS RAt) (_- RIMINAL PETITION No.7931 of .202!i Order: 'th is ( I i ninal Petition is fited by the petitioner,lacr uscd No.3 and 4. seekirrr: rrtir:ipatory bail under Section 482 ot'Bhrratiya Nagarik Surakslia Sanirita (BNSS), in C.C.No.9 of 2023 on the file of Special Judge fur [r'ril rtf SPE & ACB cases at Karirnnaqar- in Crime No.13/u\CU-K \ l{/2010, registered for. the offences pu.rish,rble under Sections 1. ) : .l ) r'lw. 13 (l) (d) of the prevention of Conr ption Act, 1988 rAr.. tie,:t ,. rrs 14. 201 and 511 of Indian penal Code, lg6(r(for short 'IPC'), rvherr:in t re petitioner was arrested.

2. Hearcl I.l: Vanaparthi Vaishali, leamLd counsel for.the petitioner and Mr.T,llala l,iohan Reddy, leamed Special public prosecu.or for the respondent \o, . i and 2.

3. Lea.rned r-( unsel fhr the petitioner submitted that trre p( ritioner is accused Nir.-i. nd he is having benefit of bail during th: cr.rne stage. She furf hc ' '.r.r ', I ritted that the petitioner is resident of Ve r rulawada, Rajanna Siri;iilrr ')istrict (erstwhile Karimnagar Distr:ct). and cking out his livelih..,.l i'1 working as a daily wage sweepe. ir Lr randrapur village. M.hir ra.'ra. I-{e retumed back to his native plac e or ly li st month. At that tim:. the Detitioner came to know that the in.restisarir rg .fficer .\ 2 '.: filed the charge sheet in C.C.No. 166 of 2015 and thereafter, C'C'No' 1 66 of 2015 splitted against the petitioner and the same was numbered as C.C.No.9 of 2023. He further submitted that in C.C'No'166 of 2015, the leamed Special Judge for SPE & ACB cases at Karimnagar issued NBW against the petitioner on l4.l 1.2022. Theteafter, on 07 '02 '2023 passed the proclamation order against the petitioner'. Subsequently, the above said C.C. was splitted and separated against the petitioner and the same was numbered as C.C.No.9 of 2023. The petitioner came to know about the pendency of proclamation order of NBW last month only and if the petitioner appeared before the concemed Court, the Court may order judicial remand. Unless, this Court grant anticipatory bail, the petitioner will be put to great hard ship. feu-ed counsel for the petitioner submitted that petitioner is not well worsed with the legal proceedings' due to the same, the petitioner could not approach the Court below and filed appropriate application. She also submitted that petitioner is ready and witting to prosecute the proceedings before the Court below and petitioner will appear before each and every adjournment'

4. Per Contra, leamed Special Public Prosecutor submitted that the petitioner without filing application before the Court below straightaway approached and the same is not maintainable under law' 3

5. Ila',rilLg ,,rnsidered the rival submissions made bl the respective parties and a1 it'r perusal of the material available on record. it reveals that the pt:tirir ri.r is an accused in Crime No.13/ACB-K'rJR/.1010. Even accordinq Tr:, I t' ic tflted cotmsel for the parties, the peti:iont t. has filed applicatic,rr 1br i rant of bail in crime stage and the sam ] \\.i s allowed. The investig.at itq officer after conducting investigatiorr. fied charge sheet and th,: ,rne was numbered as C.C.No.166 ol- 2015, ..he record further rer',zeuir, har on 14.11.2022. the Special C.urt iss recl NBW against thr per i; i .r.r.r and thereafter on 05.12.2022 ir;suerl pr.clamation under Secri.nr :i2-83 of Cr.p.C. The record furth:r r,:vea s that on

15.r2.2023- rh. rbove said c.c.No.r66 of 2015 was ;pritted i.gainst the petitioner z,d :h. same was numbered u. C.C.No.q of 2021.T.ire specific claim of the r)(:r t ouer, that he went to chandrapur, M aha'astrrr State for his livelihc oc . r ,r I he relumed back to his native place. o.-rry r :Lst month and till sur: r rinrt,. petitioner is not as,are of the issuanr:e ol'NB \V as well as proclamitlir;r' r'der issued against him.

6. Taking i r.rr r.:onsideration the peculiar facts and r:ircu nstances, I especially. as r r : petitioner is only daily wage woriier, l-re i s granted liberty to f ile a rrlication for recalling the NBW issur:d a.gain rt him on

14.11.2022. 1rri,i'iirmation order dated 05.12.2022 end co,sequentiar orders passed b, t re Court below. On such application, thr, Co ,t below 4 1 is directed to consider the same, taking into consideration the petitioner's occupation, i.e., daily wage worker and recall the same, subject to certain conditions:

1. The petitioner/accused No.3 shall exequte a personal bond for an amount of Rs. Rs.5,000/- (Rupees hve thousand only) with two sureties, for a like sum each'

2. 'fhe petitioner/accused No.3 shall ltle swom affidavit before the Court below that he will appear in C'C'No'9 of 2023 on each and every adjoumment, to prosecute the case.

3. If the petitioner/accused No.3 violates the condition No 2' the Court below is entitled to proceed with the matter in accordance with law. 7 . With the above said direction, Criminal Petition is disposed of' It is made clear that this order will not taken as precedent in any other case- To, As a sequel. miscellaneous Petitions, pending if any, stand closed. //TRUE COPYII SD/- MOHD. ISMAIL DEPUTY REGISTRAR SECTION OFFICER

1. The Special judge for Trial of SPE and ACB Cases At Karimnagar 2. The station Houie Officer, Anti-Corruption Bureau, KNR Range, Karimnagar 5. t*o CCs to the public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT) a. One CC to Ms. Vanaparthi Vaishali, Advocate [OPUC] 5. Two CD Copies + ADK HIGH COUFI'T' DATED:04l0t'l12025 .f { ORDER CRLP.No.79ll1 of 2025 :=-i_ 6F ,o -st\s l, hr t.l t ,.1, ,-. (,' '.:.1 a > tL a \: DISPOSING OF THE CRLP o