ORDER I THE HON'BLE SRI JUSTICE E v. VENUGOPAL CRIMINAL REVISION CASE No

State of Telangana, rep. by Public Prosecutor, High Court for the State of Telangana at Hyderabad through P.S. Keesara ...RespondenUComplainant lA NO: 1 OF 2024 Petition under Section 528 of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent to release of the TATA Motor goods carriage lorry bearing Vehicle No. AP 05 TA 8619 without insisting for deposit of the amount of Rs.7,59,000/- as directed by tll Addl. Junior Civil Judge cum Ill Addl. Metropolitan Magistrate at Kushaiguda by order dated 11-09-2024 in Crl. M.P. No.293 ot2024 in C.C. No. 1275of 2024,pending disposal of the Criminal R.C. lA NO: 2 OF 2024 Petition under Section 438(1) of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation and effect of the Docket order dated 11-09- 2024 in Criminal M.P. No. 293 of 2024 in C.C. No. 1275 of 2024 passed by the lll I r 1 l : Additional Junior Civil Judge-cum-lll Additional Kushaiguda, pending disposal of the Criminal R.C. Metropolitan Magistrate at Counsel for the Petitioner: Sri K. Rohit Gounsel for the Respondent: Additional Public Prosecutor The Court made the following: ORDER I THE HON'BLE SRI JUSTICE E. V. VENUGOPAL CRIMINAL REVISION CASE No.1O44 oF 20.24 ORDER:

1. This Criminal Revision Case is frled under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the revision petitioner to set aside the docket order dated LI '09 '2024 in Crl.M.P.N o.293 of 2024 in C.C.No. 1275 of 2024 on the file of the III Additional Junior Civil Judge-cum-Ill Additional Metropolitan Magistrate at Kushaiguda.

2. Heard learned counsel for the revision petitioner and learned Additional Public Prosecutor for the respondent - State Perused the record

3. This Criminal Revision case is filed questioning the docket order dated ll.Og.2o24, particularly, the Condition No'2 which was imposed by the learned Magistrate i.e. to deposit an amount of Rs.7,59,OOO/- by the petitioner/owner/third party \Mith Gowshala for maintenance of bulls and calves from the date of admission to till the date of order, while granting interim custody of the case propert5r i.e. Goods Carriage Lorry TATA Motors vehicle bearing No.AP O5 TA 8619 to him' I 2 4 . Learned counsel for the petitioner would submit that the petitioner is owner of the aforesaid lorry ard it was being hired by the accused as on the date of alleged incident, which was registered as a case in Crime No.429 of 2024 on the file of pS., Keesara, Rachakonda Commissionerate, for the offences under Section 429 lPC, Sections 5, 6 r/w 10 of Telangana pCSA and 3g of Prevention and Cruelty to Anima_l Act, 196O and Sections 50 arld 5 1 of the Transportation of Animals Rules, 197g. The petitioner is not at all arrayed as accused in the FIR. He has no knowledge about the alleged tralsportation of bulls and cows by the accused in the vehicle. The police have seized the a_foresaid lorry along with bulls ald cows ald other articles. The said lorry was deposited in the court and bulrs ald cows were forwarded to Sri Aaji Gowshala, Malkaram, Jawaharnagar, Kapra Ma_ndal, Medhchal-Malkajgiri District, for providing proper maintenance.

5. Learned counsel for the petitioner would further submit that the petitioner has no capacity to deposit such huge amount of Rs.7,59,000/- as directed by the learned Magistrate. He is no way concerned with the alleged offences. Hence, prayed this Coult to set aside the impugned order to the extent of depositing ) 3 the said amount while granting interim custody of the lorry to the petitioner. petitioner would

6. On the other hand, learned Assistant Public Prosecutor would contend that the learned Magistrate has rightly directed the petitioner to deposit of amount as there is every possibility of not comply with the other conditions in the The investigation is not yet completed' The impugned order. amount as ordered to be deposited is for the expenditure incurred by the Gowshala towards maintenartce of the bulls and calves that were seized while transporting in the petitioner's vehicle ' I I Hence, prayed to dismiss the petition' \ { 7 . Admittedly, the petitioner is not arrayed as an accu'sed in the present crime. Nothing is mentioned in the FIR as well as in confessional statements of accused regarding involvement of the petitioner herein in the alleged crime' Because the petitioner is the registered owner of the lorry, he could not suffer a lot due to the acts committed bY the others'

8. Considering the fact that the petitioner's vehicle was involved in the present case, in view of the decision of the Hon'ble ) I I I : I I i I i 4 Apex Court in Sunderbai Ambalal Desai vs. State of Gujaratl, the amount as indicated in Condition No.2 in the impugned order is reduced to Rs.5,00,OOO/-. The rest of the conditions as imposed by the learned Magistrate remained unaltered. e With the said observations, the Criminal Revision Case is disposed Miscellaneous applications pending, if any, shall stand clo sed. To, //TRUE COPY// Sd/- K. SAILESHI qEPUTY REGISTRAR SECTION OFFICER

1. The lll Additional Junior Civil Judge-cum-lll Additional Metropolitan Magistrate at Kushaiguda.

2. The Station House Officer, Keesara Police Station, Rachakonda District. 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

4. One CC to Sri K. Rohit, Advocate [OPUC] 5. Two CD Copies karn/gh lP ' atn zool sQ ola HIGH COURT DATED:21 10112025 --'2.- -'a'' .4 ..., _ .}, ..\,, s $ J i' i'.\ '-.r . ') i, 'i7\\ r:, ii ,:. ii , :.t;l .; ;t .-_t l/ , / ORDER CRLRC.No.1044 o12024 DISPOSING OF THE CRIMINAL REVISION CASE @