Manusurnath Chowdary Veeramachaneneni v. The State of Telangana

Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permrt the Petitioner herein to travel by returning the Passport bearing no. 25178O61 for a period of 2 months pending disposal of the above criminal petition. This Petttion coming on for hearing, upon perustng the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri E Venkata Siddhartha, Advocate for the Petitroner and the Public Prosecutor on behalf of the Respondent. The Court made the following: ORDER I I i IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No.1310 0 0F 2024 DATE:27.04.2026 Between: Manusurnath Chowdary Veeramachaneni The State of Telangana, Rep. by its Public Prosecutor, PS CCS DD Hyderabad ORDER: AND ...Petitioner ...Respondent This Criminal Petition is instituted under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS"), invoking the inherent jurisdiction of this Court to set aside the order dated .10.09.2024 passed in Crl.M.P. No. 3684 ot 2Q24 in C.C. No. 16060 of 2019 on the file of the Xll Additional Chief Judicial Magistrate, Hyderabad at Nampally and to permit him to travel abroad/Malasia for limited period of 2 (Two) months.

#2. The petitioner is arrayed as Accused No. 4 in C.C. No. 16060 of 20'19, which arises out of Crime No. 167 of 2017 registered for offences punishable under Sections 420, 406, and 120-B of the lndian Penal Code, 7860, along with Section 24(1)(b) of the Emigration Act,

#1983. I NTR,J CRLP 13100 2024 2 The present petrtion challenges the dismissal of Crl-M.P. No.

#3. 3684 of 2024, wherein the petitioner sought interim custody of his passport bearing No.25178061 and permission to travel to Malaysia for employment related obligations.

4.1 . Learned counsel for the petitioner submits that the petitioner is employed in Malaysia and, pursuant to the bail conditions imposed by the trial Court he surrendered his passport on 27.04.2024. Since then, the petitioner has remained in lndia and has been complying with all barl conditions. lt is further contended that his presence is urgently required in Malaysia for professional reasons. including handing over company assets, completing contractual obligations, and seftling employment benefits. The necessity of travel is thus bona fide and not intended to evade the judicial process.

4.2. lt is argued that the trial Court, while dismissing the petition, failed to adequately consider relevant factors such as the petitioner's awareness of the pending proceedings, his subsequent compliance with bail conditions, and the absence of any deliberate attempt to abscond. The trial Cou( appears to have been influenced by the earlier issuance of a Non-Bailable Warrant (NBW) and Look-Out Circular (LOC), without appreciating that the petitioner's conduct post arrest has been cooperative and comPliant. NTR,J CRLP 13100 2024 3

4.3. Learned counsel further submits that the proceedings before the Trial Court have remained at the stage of issuance of summons to witnesses since 2024, primarily due to administrative constraints, including the absence of a regular Presiding Officer. ln these circumstances, it is contended that permitting the petitioner to travel abroad for a limited period of two months would not prejudice the prosecution.

#5. The learned Additional Public Prosecutor, while opposing the petition in principle, fairly submits that the petitioner has been regularly attending Court after being enlarged on bail. lt is also conceded that the trial has not progressed beyond the stage of summons to witnesses and that there has been no substantial advancement in proceedings. Accordingly, the matter is left to the discretion of this Court.

#6. Upon perusal of the material on re@rd and consideration of the rival submissions, this Court finds that while the pendency of criminal proceedings and the petitioner's status as an accused are undisputed, his subsequent conduct assumes significance. The record indicates that after execution of the NBW and issuance of the LOC in 2024, the petitioner has diligently attended Court and complied with all conditions imposed upon him. 4 NTR,J CRLP 13100 2024

#7. lt is a settled principle of law that the right to travel abroad forms part of personal liberty under Article 21 of the Constitution of lndia, as recognized in Maneka Gandhi v. Union of lndia (1978) 1 SCC 248. Further, in Suresh Nanda v. CBl (2OOB) 3 SCC 674, the Hon'ble Supreme Court held that impounding of a passport must be justified on valid grounds and cannot be continued indefinitely in a mechanical manner. Courts are therefore required to strike a balance between the right to personal liberty and the interests of justice.

#8. ln the instant case, the petitioner has demonstrated bona fide reasons for travel, and there is no material to indicate a likelihood of absconding. The trial has not progressed substantially, and continued restriction on travel would result in undue hardship, particularly affecting the petitioner's livelihood.

#9. ln view of the foregoing analysis and balancing the competing interests, this Cou( deems it appropriate to allow the petition, subject to stringent safeguards to ensure the petitioner's return and continued participation in the trial.

#10. Accordingly, the Criminal petition is allowed with the following conditions. NTR,J CRLP 13100 2024 5 A. The petitioner is permitted to travel to Malaysia for a limited and specified period from

30.04.2026 to 30.06. 2026 B. The Trial Court is directed to release the petitioner's passport on an interim basis, subiect to strict compliance with the following conditions: (a) The petitioner shall execute a personal bond for a sum of Rs.1 ,00,000/- (Rupees One Lakh only) with one surety for the like sum to the satisfaction of the Trial Court. (b) The petitioner shall file a duly sworn affidavit before the Trial Court, furnishing complete particulars of his proposed travel, including, detailed travel itinerary, residential address in Malaysia, particulars of employment and employer, and valid contact information (including mobile number and email address). C The petitioner shall mandatorily surrender his passport before the Trial Court on or before

07.07 .2026, immediately upon his return to lndia. I I 6 NTR,J cRLP_13100_2024 'rr D It is expressly made clear that any violation or breach of the aforesaid conditions shall entail serious legal consequences, including but not limited to cancellation of bail, forfditure of bond, and initiation of appropriate proceedings in accordance with law, as contemplated under the provisions governing bail under lhe Bharatiya Nagaik Suraksha Sanhita, 2023.

#11. Consequenily, shall stand closed all pending miscellaneous applications, if any, ,TRUE COPY// Sd/. U. SUDHA ISTANT REGISTR ECTION OFFICER 1 The Xll Additional Chief Judrcral Magistrate, Hyderaba 2. The Statron tlouse Officer, EOW Team - I Police Station, CCS, DD, Hyderabad. 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, at N ampally Hyderabad (OUT)

#4. One CC to Sri E Venkata Siddhartha, Advocate [OPUC] 5. Two CD Copies To, DL, ) I HIGH COURT DATED: 2710412026 ORDER CRLP.No.13100 of 2024 r.:r' (\ U ,J') -) I 2 I ,\ P ,,, :.1 -&. "d ALLOWING THE CRIMINAL PETITION