The High Court · 2025

The State of Telangana, Rep by its Public Prosecutor High Court Bldgs, Hyderabad. The Regronal Passport Officer, D. No. 8'2-2'15 to 219 Near New Prashanth Theatre, Kummarguda, Secunderabad, Telangana ...Petitioner/Accused No.2 ... RespondenUPetitioner 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 set aside the condition (l) and (ll) as mentioned under the heading "Conditions" in the order daled 0310712025 passed in Crl. M. P. No. 290 o'f 2025 in C.C.No.1525 of 2022 on the file of Hon'ble I Additional Judicial tulagistrate of First Class at Miryalguda and to modify the said condition (l) and (ll) by directing the Petitioner to deposit a reasonable amount as fixed deposit and sureties. 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 modify the condition (l) and (ll) imposed by the Hon'ble Trial Court by directing the Petitioner to deposit a reasonable amount as fixed deposit and sureties in order dated 03/07/2025 in Crl.M.P No.290 of 2025 in C.C.No.1525 of 2022 on the file of Hon'ble I Additional Judicial Magistrate of First Class, At Miryalg uda. :4. This Petition coming on for hearing, upon perusing tr t [/emorandum of Grounds of Criminal Petition and upon hearing tf ( arguments of sri Kiran Palakurthi, Advocate for .the Petitioner and i i Jlthender Rao veeramalla, Additional Public Prosecutor on behalf of the Res )ondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER ' THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.13374 OF 2025 ORDER This Criminal Petition, under Section 528 of BNSS, is filed by the petitioner-accused No.2 seeking to set aside Condition Nos.l and ll in the order, dated 03.07.2025, passed in Crl.M.P No 290 of 2025 in CC.No.1525 ol 2022 on the file of learned I Additional Judicial tt/lagistrate of First Class, I\4iryalaguda, whereby, the trial Court while permitting the petitioner to travel abroad for 10 months from the date of the order has imposed certain conditions that the petitioner shall submit a fixed deposit for an amount of Rs.5,00,000/- before the trial Court and that the petitioner shall furnish personal bond of Rs.5,00,000/- with two sureties for a like sum and the sureties should be siblings or any one related to the petitioner, apart from imposing other conditions.

2. Heard Sri Kiran Palakurthi, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No. 1-State

3. lt is submitted by learned counsel for the petitioner-accused No.2 that the petitioner is aggrieved by the said Condrtion No.l that the petitioner shall submit a fixed deposit for an amount of Rs.5,00,000/- before the trial Court ll lt) | ( rlP\n l1l-l of:r)t. Learned Additional public prosecutor has s tbmitted to pass -)

4. appropriate orders in the Criminal petition

5. Perused the record 6 The petitioner is accused No.2 in the subject (,.C. and is facing allegations under Sections 420 and 423 read wi I 34 l.p.C. and Section 82 of the Registration Act. As per the guidelines vlde GSR.No 570E, dated 25 08.19g3, issued by the Gcr,:rnment of lndia any person facing criminar proceedings shail obtain rermission of the court to depart from India and only then the con::rned authorities shall issue passport. Obliging the said guidelini: ,, the petitioner- accused No 2 has filed the subject Crl.M.p. befcr: the trral Court seeking to direct respondent No.2 to issue passport The trial Court has considered the sard petition and vide impugr 3d order, dated 03 07.2025, allowed the same, however, subject to I )rtain conditions Condition No l being the petitioner shall submit a fi;t, d deposrt for an amount of Rs.5,00,000/_ before the trial Court. Corr ition No.ll being the petitioner shail furnish personar bond of Rs.S,1 r,000/- with two sureties for a Iike sum and the suretres however shorrld be siblings or any one related to petitioner. The other conditions are as foilows: "lll Petitioner/Accused No.2 shall furnish rn affidavit undertaking himself to appear before the court as and when ETi) Crl.P No ill ?1 oil0li directed during the said period failing which the fixed deposit shall be forfeited. lV. Petitioner/Accused No.2 shall undertake in affidavit that he would appear before the court for examination under Section 239 and 313 Cr.P.C. without fail, failing which the fixed deposit shall be forfeited and further that he would not dispute the identity of the witnesses after commencement of trial further V. Petitioner/Accused No.2 shall furnish in his affidavit his permanent place of abode in lndia necessarily with documentary proof. Vl. Petitioner/Accused No.2 shall undertake in his affrdavit that before leaving abroad he shall furnish his itenary Vll. Petitioner/Accused No.2 shall undertake in affidavit that he will furnish the place of visit before leaving abroad. Vlll. Petitioner/Accused No.2 shall furnish in affidavtt his place of stay at abroad. lX. Petitioner/Accused No.2 shall furnish in affidavit his daughter's place of residence and place of work oversees. X. Petitioner/Accused No.2 shall furnish in his affidavit his permanent E-mail Address along with E-mail address of his daughter. Xl. Petitioner/Accused No.2 shall furnish in affidavit the employer particulars where her daughter is presently working with documentary proof."

7. The petitioner herein is aggrieved by Condition No.l i e , Petitioner-accused No.2 shall submit a fixed deposit for an amount of Rs.5,00,0001 before the trial Court. The petitioner undertakes to abide by all other conditions imposed by the trial Court. Condition t/ t:Tt) i ( rl P \r) lllrJ ol 2ilti l No.ll being furnishrng a personal bond of Rs.5 ( 0,000/_ with two sureties for a like sum. The other conditions imposo,, on the petitioner with regard to his itinerary, the purpose of visit etr: to be submitted before the trial Court before leaving the Country are v,ell justified. B Considering the submissions of the learne,j counsel for the parties and the material on record, this Court opirrr s that Condition No ll takes care of the sureties and the personal lt lnd that is to be furnished by the petitioner. Hence, Condition No.1 c: r be waived. 9. Accordingly, the Criminal petitron is allowed ar d Condrtron No l in the tmpugned order, dated 03.07.2025, is set i side All other conditions imposed by the trial Court remain u l,rltered and the petitioner shall abide by the same. However, il is seen that in condition Nos and rV it rs observed that in case tho ,etitioner fairs to compry with the said condrtions, the'fixed deposit' she rbe forfeited. rn the said two condrtions, instead of ,fixed deposit,, fl1,,, personal bond furnished by the petitioner shall be forfeited. ,\ ry deviatlon in compliance of condrtrons would nullify this order. 'r Nlisceilaneous apprications, if any, pending shail r;tand crosed. SD/. K.AMMAJI )UTY REGISTBAR,- - .---' \ ,DI: \ /iTRUE COPY// 0 \t { EcrtoN oFFtcER To, 1 I Additional Judicial lilagistrate of Frrst Class, Miryalaqud:r 2. The Judiciat First Cjass Magjstrate, tvliryalaouJa'- 3 The II Additionat Judiciat First Ctass Magisi;ale at Miryatag uda -'" w

4. The Station House Officer, Miryalaguda lTown Police Station, Nalgonda 5. The Station House Officer, Miryalaguda Rural Police Station, Nalgonda 6. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

7. One CC to Sri Kiran Palakurthi, Advocate [OPUC] 8. Two CD Copies ABK /PSL Y" -_-*. :- -.\ ,-,.: tt-_. .,,1 A. ( o u- .r-\' \.. c,. 1 l-icts'b ' '=Lr" ' '"'l ,//. HIGH COURT DATED: 1511012025 ( ORDER CRLP.No.13374 of 2025 ALLOWING THE CRIMINAL PETITION rrrd- Y$rY''