The High Court · 2025

Srinivas S/o. Sri K.Venkateswarlu) in C C.No.01 of 2024 on the file of the Principal District and Sessions Judge at Nalgonda. CRIMINAL PETITION No:8728 ol 2025 Between: Mr. Kukatla Srinivas, S/o. Sri. K. Venkateswarlu, Aged about 45 years, Occ. Business, R/o.H.No.2-183/'1, Behind RTC Bus stand, Mooliguntapadu Village, S Konda, R/o. 8-2-2931821U59/CD, MLA Cotony, Rord No.t2, Banjara Hills, Hyderabad. Aad har Card No.7 277 9395799 1 ... Petitione r/Accused No.14 AND 1 The State of Telangana, SHO, Miryala I Town Police Station Represented by its Public Prosecutor, High Court of Telangana, Hyderabad.

2. Sri Tedla Laxmaiah, S/o Late Seethaiah, Aged about 63, Occ. Business, R/o H.No. 1 1 -38, Seetharampurarn Locality, Miryalaguda Town. Nalgonda District. ...Respondent ...RespondenUComplainant 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 Order dated 0410712025, passed in Crt.M.p.No.284 of 2025 in C.C.No.O5 of 2024, on the file of Principal District and Sessions Judge at Nalgonda and RECALL the Non Bailable warrants issued on 19tO3l2O2S against the Petitioner/Accused No.'14 (Kukatla Srinivas S/o. Sri K.Venkateswarlu) in C.C.No.05 of 2024, pending before the Principal District and Sessions Judge at Nalgonda. l.A. NO: 1OF 2025 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 stay all further proceedings including execution of non-bailable warrants issued on 1910312025 and pending against the Petitioner/A-14 (Kukafla Srinivas S/o Sri K.Venkateswarlu) in C.C.No.05 ot 2024 on the file of the Principal District and Sessions Judge at Nalgonda. CRIMINAL PETITION No: 8729 ol 2025 Between: Mr. Kukatla Srinivas, S/o. Sri. K. Venkateswadu, Aged about 45 years, Occ. Business, Rio.H.No.2-'183l1, Behind RTC Bus stand, Moolaguntapadu Village, S. Konda, R/o. 8-2-2931821U59/CD, IVILA Colony, Road No.12, Banjara Hills, Hyderabad. Aadhar Card No.727793957991 .. Petitioner/Accused i 4 3- ANO The State of Tetanoana SHg, Mirlj+ I Town police Station Represented by its Public Prosecut5r. uign colrioil"ri"jr'"i, ilvf,ilt"o ... Respondent 2. Cheedella Kavitha. Wo. Ram Babu, Aged about 33 years. Occ Business. R"/o Vaishnavi Apa rtments, Ha n umanpet, Mira t;6il; Ti,*n, r.riig";'jj'Di#;.i] ...RespondenUComplainant Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar'peiition, the iign c"r.t ,lvi" pleased to quash the order dated 04.07.2025, passed in crl.M.p.No.2g2 of 2025 in c c.No.03 ot 2024, on .the fire of principar District & s...ionr-lrogu- ,t Nalgonda and RECALL the Non Bairabre warrants issued on 1g.03.202s ajrrnst the Petitioner/Accused No.r4 (Kukafla srinivas s/o. sri r venkatliwrirl in c.c.No03 of 2024, pending before the principar District and su"iion. Jrogl ,t Nalgonda. I.A. NO:'l OF 2025 Petition under section 52g of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar'pe"tition, the nign court;;y1e pleased to stay arr further proceedings incruding execution of Non-Bairabre warrants issued on 'r9.03.2025 an! o_e1tlng agains-t the petitioner/A-r+ rrrr"ir, srinivas s/o sri K. Venkateswarru; in c c NJ oi ol 2024 on the file or ti" erincipar District & Sessions Judge at Nalgonda. CRIMINAL PETITION No: 8730 ot 2025 Between: Mr. Kukatla srinivas, s/o. Sri. K. Venkateswarru, Aged about 45 years, occ. Business, R/o.H.No 2-183{1. _gqt,ilO nrd Ars "itanO, frloofjguniap-ad; Village, .S Konda, R/o B 2-293!B2tUsstCo,-rr,rr_l"Cor;"t,-R;il irtS;2, Banjara Hitts, Hyderabad. Aadhar Cara No7ZllgietZegf ...petitioner/Accused No.1 4 The state of relanoana sHo, Miry{a r rown porice station Represented by its Public Prosecut5r, Hign Colrt o'fief"ngr;r, Hii.ibrO E.Saidulu. S/o Sailu. Aoed about 44, Occ. Business, R/o prakash Nagar Locality, Miryataguda Tiwn Natgond; Dl.t";i ---' ' "' ...Respondent ...RespondenUComplainant AND 1 2 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 order datedo4to7tzo25, passed in crt.tvt p.No.283 of 2oisin c.c.No.04 of 2024, on the file of Principal District g6 sessions Judge at Nalgonda and RECALL the Non Bailable warrants issued on 1glo3r2o2s againJt the Petitioner/Accused No.'14 (Kukatla Srinivas S/o. sri K.Venkateswarlu) in c.c.No 04 of 2024, pending before the principal Drstrict and sessions Judge at Nalgonda l.A. NO: 1OF 2025 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 stay all further proceedings including execution of Non-Bailible warrants issued on 1glo3l202s and pending against the petitioner/A-14 (Kukaila srinivas s/o sri K.Venkateswarlu) in c.c.No.0+ of zo24 on the file of the principal District and Sessions Judge at Nalgonda. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri M.V.s.sAl sharath, Advocate for the Petitiofier in all cRlp's and the Sir Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No..l in all CRLP's and non appeared for the Respondent No.2. The Court made the following: COMMON ORDER HON'BLE SRI .IUSTICE N. TUNARAMJI CRL.P .N os.8727 8728 8729 and 873O of 2o25 coMMoNORDER Criminal petition No.gl27 of 2025 is filed under Section 528 BNSS,) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ,the seeking quashment of the order, dated O4.Ol .2O2S passed in Crl.M.P.No.281 of 2025 in C.C.No.1 of 2024 on the fite of the Principal District and Sessions Judge, Nalgonda. 2. Criminal petition No.B72B of 2O2S is filed under Section 528 of the BNSS seeking quashment of the order, dated 04.07.2025 passed in Crt.M.p.No.2B4 of 2025 in C.C.No.S of 2024 on the file of the principal District and Sessions Judge, Nalgonda. 3. Criminal petition No.B729 of 2O2S is filed under Section S2g of the BNSS seeking quashment of the order, dated 04.07.2025 passed in Crl.M.p.No. 282 of 2025 in C.C.No.3 of 2024 on the file of the principal District and Sessions Judge, Nalgonda. 4. Criminal petition No.g730 ot 2O2S is filed under Section 52g of the BNSS seeking quashment of the order, dated 04.07.2025 passed in Crt.M.p.No.283 of 2025 in C.C.No.1 ot 2024 on the file of the principal District and Sessions Judge, Nalgonda. 2 NTR, J Ctlp 8721 .2025 and batch ..1

5. Since the petitioner is the same in all the Criminal Petitions and the legal issues involved are identical, all the petitions are heard and being disposed of by way of this common order.

6. The relevant facts, briefly stated that, the petitioner has been arrayed as Accused No. 4 in the aforementioned Calendar Cases, which have been registered for offences punishable under Sections 406, 417,418, 42O, and 120-B read with Section 34 of the lndian Penal Code, 1860 (lPC); Section 5 of the Andhra pradesh Protection of Depositors and Financial Establishments Act, 1999; and Sections 3, 4, 5, dnd 6 read with Section 21 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978.

7. Upon issuance and service of summons, the petitioner failed to appear before the trial Court. Consequently, the trial Court issued Non-Bailable Warrants (NBWs) against the petitioner in all the Calendar Cases. ln response, the petitioner filed miscellaneous petitions under Section 70(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.), seeking recall of the NBWs.

8. The trial Court, by way of the impugned orders, dismissed the said petitions on the ground that the petitioner neither appeared before the Court nor demonstrated any compelling lustification for 3 NTR, J C.rlp_8721 _2O25 and batch his absence. Aggrieved by these orders, the petitioner has filed the present Criminal Petitions in the respective Calendar Cases.

9. I have heard Sri M.V.S.Sai Sharath, learned counsel for the petitioner and Sri Jithendar Rao Veeramalla, learned Additional Public Prosecutor appearing on behalf of respondent No.1 -State.

10. Learned counsel for the petitioner submits that, even as per the counter affidavit filed by the prosecution, the petitioner served as an Additional Director of the company only for a limited duration, specifically, a period of four months during the financial year 2OO7- 2008, and for merely two days in 2010. The charge sheets in the relevant cases were filed in 20'13 and 2014, which is significanfly after the petitioner had ceased to be associated with the company. Therefore, it is contended that there is no prima facie material to suggest the petitioner's involvement in the alleged offences so as to warrant his prosecution. Counsel further submits that, upon learning of the issuance of Non-Bailable Warrants (NBWs) and apprehending imminent arrest, the petitioner caused the filing of petitions under Section 7O(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.), seeking recall of the said warrants, albeit in absentia. \ --- .{ NTR, J Crlp_8727 ._2025 and batch -

11. ln support of his plea, learned counsel places reliance on the decision of this Court in Criminal Petition No. 121 40 of 2023, wherein a Coordinate Bench, having regard to the peculiar facts and circumstances of that case, allowed the petition despite the petitioner's absence before the trial Court, and set aside the order issuing NBWs. Drawing a parallel to that precedent, counsel urges that similar relief be extended to the present petitioner.

12. lt is further asserted that the petitions were filed in the petitioner's absence solely due to apprehension of being remanded to judicial custody upoh appearance, and that the petitioner is now prepared to appear before the kial Court and fully cooperate with the judicial proceedings. Accordingly, counsel prays for the Criminal Petitions to be allowed.

13. ln response, the learned Additional Public Prosecutor submits that the trial Court dismissed the petitions owing to the petitioner's absence and failure to furnish any plausible or justifiable reason for non-appearance. He concedes that, as a settled legal position, a petition under Section 7O(2) Cr.P.C. may be filed even in the absence of the accused; however, the grant of relief is conditional upon the existence of a valid and tenable explanation. 5 NTR, J Crlp_8727 2025 and batch

14. He further contends that, as stated in the counter affidavit filed before the trial Court, the petitioner is allegedly involved in multiple cases across the State, which may have influenced the trial Court's decision to decline the prayer for recall of the NBWs.

15. Nonetheless, in light of the petitioner's present willingness to appear before the trial Court and participate in the proceedings, the learned Prosecutor submits that an appropriate order may be passed by this Court, as deemed fit.

16. lhave perused the material on record

17. Based on the uncontroverted submissions made and the docket extracts of the cases pending before the trial Court, it is evident that the petitioner, upon service of summons, failed to appear. Consequently, the trial Court issued Non-Bailable Warrants (NBWs), recording that the petitioner (Accused No.14) and certain other accused persons were absconding.

18. However, it is significant td note that the petitioner is willing to submit himself to the judicial process and prays for an opportunity to appear before the trial Court and participate in the proceedings is reflected through the filing of a petition for recall of the NBW, indicating his representation through counsel. This request is further 6 I.ITR, J Crlp_8727 2025 and batch supported by the settled legal position that NBWs should not ordinarily be issued at the first instance unless there are compelling circumstances warranting such action

19. ln view of the factual matrix, the legal principles applicable, and the categorical submission made by learned counsel that the petitioner is now prepared to appear before the trial Court, this Court is of the considered opinion that it would be appropriate to afford the petitioner an opportunity.

20. Accordingly, the petitioner is directed to appear before the trial Court on the next date of hearing, i.e., 31.07.2025, along with a properly instituted application seeking recall of the Non-Bailable Warrant. Upon such appearance and filing, the kial Court shall consider the applications on its own merits and pass appropriate orders, preferably on the same day. 21 . ln light of the above discussion, the impugned orders passed tn, Crl.M.P. No. 281 of 2025 in C.C. No. 1 of 2024, Crl.M.P. No. 284 ot 2025 in C.C. No. 5 ot 2024, Crl.M.P. No. 282 of 2025 in C.C. No. 3 of 2024, and Crl.M.P. No. 283 of 2025 in C.C. No. 4 of 2Q24 7 NTR, J Crlp_8727 2025 and batch on the file of the Principal District and Sessions Judge, Nalgonda, are hereby set aside and all the Criminal Petitions are allowed in the above terms.

22. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// Sd/. N. SRIHARI D PUTY REGISTRAR SECTION OFFICER To,

1. The Principal District and Sessions Judge at Nalgonda, 2. The Statioh House Officer, Miryalaguda I Town Police station Nalgonda District.

3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

4. Ohe CC to Sri M.V.S.Sai Sharath, Advocate [OPUC] 5. Two CD Copies NVB/ABK ?r HIGH COURT DATED:1 5107t2025 a tt1E SIA 14: (. o e J o o t \ 2I JUl. zffi 'I / COMMON ORDER CRLP.Nos.8727,8728,8729 AND 8730 OF 2025 ALL THE CRLP'S ARE ALLOWED a \ 1)