The High Court · 2025

THE HON'BLE SHRI JUSTICE ANIL KUM,AR JUKANTI CRIMINAL PETITION No.155 L4 0F 2024 ORDER: This Crir.-rin;el petition is hled under Section 52g of the Bharatiya Naglalk Suraksha Sanhita (for short ,BNSS) petitioner/ accu sed No. 1 to quash the Look out crircular against him in C.C.No,.349 of 2023 on rhe file of )flV Additional Metropolitan M rgrs[rate at Kukatpally, Cyberabad

2. Heard M:.. P. Vamsheedhar Reddy, iearne:cl r:ounsel for petitioner ancl lVIr. Surepalli prashanth, lear.rcd Assistant Public Prosecur,or for the respondent _ State. pe:rused the material on reccrr,i.

3. On a coml:rlaLnt, FIR came to be registered bearrng No.B35 of 2022. dared 2 1 .11 .2022 at .Jagadgirigutta potice Station, lledchal Distric,. rnder Section ,i9B_A of IpC and llections 3 and 4 of Dou,r.y prohrbition Acr. 196 1 (for short .Dp Act,). Charge sheet is; iiled before the XIV Additional Me:tropolitan Magistrate at KuLkatpally, Cyberabad. t i t t I : : i 2 JAK, J CRLP 15 514 2024

4. Marriage of accused No 1 was performed with respondent No.2on18.l|.2ol2.Atthetimeofma-rriage25tulasofgo1d,13 Lakhs Cash were given. They are blessed with two sons' it is the grievance of respondent No'2 that at the time of birth of her elder son, accused No.2 asked to register a property on his name (no property details are mentioned)' Accused No' 1 got a job in USA and it is alleged that an amount of Rs'50 Lakhs was taken from her parents (no date, no details are mentioned)' Respondent No.2 went to USA and she conceived second time (alleged that without any plan she conceived)' Gist of the complaint is that accused No' 1 harassed mentally ald physically on instigation' That demands were made for getting baby aborted, but she did not get aborted' It is stated that when her parents were in USA' one day 5. while cutting vegetables, accused No' 1 kept knife on her throat and threatened her not to disclose about taking tablets for abortion. That she got injuries on her little finger and treatment was not given, (no specific date of injury is mentioned) that there was no finger moment' That accused No' 1 sent her to Indra for surgery, her Visa was going to expire' neither there were any efforts for extension Jf Vl"" nor accused No' 1 spoke to -@Y, ,.:_rl. ./- J JAK, J r- RLP I55 t4 2024 , her. Further a.[1r--q21ien i. that when she went to her in-1aws house, accuse(l \os.2, 4 and 5 said that if they performed marriage of th,:ir boy again, they would get S Crores dowry. That she uras necked out from her house and harassied to bring One Crore. Her:ce, complaint on accused Nos.l to 5 lor mental and physical h:rrassment and for want of additional c[owr1,.

6. It is subn-Lir_1ed by learnecl counsel for acclLsecl No.1 that accused No. i is; irn employee in USA, holding a l)ass;1rort, r,aiid up to 23.01.20i:B (passport bearing No.23819026,). Attention of this Court is in.r'il.t:d to page No.35, a photo copy of Visa issued to petitioner/ acr:used No.l from Chennai on 2g.06.2024 due for expiry on 22.09 2c)'25. That petitioner/accused No. i is working for PN-Computr::k gelrlions INC Attention is invited to the appearance of pt:tir ioner/ accused No.1 attencled uher called for by III Additio.al .Junior civil Judge-cum XIV Additional Metropolitan Magrstrate, Kukatpally, on various <lates (i.e., on 25.09.2024, 23. t(t.2024 and 28.10.2024). It is sr.rbmitted that petitioner/ accus(lcl No.l is attending the Court reg_rlarly ar_rd is cooperating, in the proceedings. I a I I I II I I t I I t t I i {i I l I i I : I I I I ! ! : I r a t ' , , J I I I , : I I I I I t I I I 1 4 1 JAK. J CRLP 15514 2024 It is submitted that petitioner is further willing to attend 7 . the Court proceedings when required physically' It is further submitted that petitioner shall appear through video conference cluring his stay in USA and if the Court ca-lls for his physical presence, he is ready and willing to come and cooperate with the proceedings.

8. Learned counsel placed the reliance upon the judgment of this Court in Crl.P.Nos.647O and 6472 of 2O2l (Page Nos 92 to 96) and submittecl that in similar circumstances, this Court considered and granted appropriate relief, inspite of there being a Look Out Circular and a case for offence punishable under Sections 4g8-A, 324 and 506 of IPC was continuing on the file of II Additional Junior Civil Judge-cum-X Metropolitan Magistrate, Kukatpally. It is pointed out that facts in the present case are similar artd same relief be granted' g. Attention is invited to the order of a learned Single Judge in W.P.No.25777 of 2022 and is urged to pass the same order' It is submitted that the learned Single Judge considered the Apex Court judgment in Maneka Gandhi a. (Jnion of Indiat' ' atn tgls sc sgl w ,) JAK, J IRLP li5 t,l 2024 circulars and 1.he Guidelines of the Office of Dirr:ctor General of Police and passerd the order in W.p.No.257Z7 of 12022.

10. Learned (rc)t-lnsel appearing on behalf of State reliecl upon the judgment rf learned Single Judge of Delhi Hil1h Court in Sumer Singh Salkq.n a. Asstt. Director and. othersz. It is submitted that pet itioner/ accused is an employe,: rn USA and if relief as pral.e d for, is gralted, there is everl possibiirtv of proceedings be [r:re trial Court may be hamper,:cl rrnd undue delay may be c:aused in the administration of justir:e which is unwarranted. l-ha1 LOC is issued lor the purposes, of proper administration ot.justice and for the accusecl to lle present when proceedings are going on. It is further submitted that no interference is rLer:r: ssitated. 1l lnspite of cersonal notice being served. th,:re is no appearance on behall of respondent No.2. A photo copy of track consignment repro- bearing consignment No.RNOB50214858IN is placed on record

12. Heard learned counsels, perused the record ald considered the ri.ral submissions. 'Iln 1:oto; vt DEI nt 7( t i , t I I I i i t i i I t i : i ; I i I i I I t I t I I t I t 1 I I i '-t-:1.' 6 IAK, J CRLP 15514 2024

13. Accused No.l and respondent No'2 were married on 18.11.2072, they are blessed with 2 children' Both of them were residing in USA. It is not in dispute that while residing in USA, she became pregnant and her parents visited USA' Though it is averred in the complaint that physical and mental harassment was meted out to respondent No '2 for additional dowry, no specific details are forthcoming tngredients of the offences have to be made out from the complaint and the record. No specific dates and details of the harassment' nor any place, nor any dates are forthcoming' neither in the complaint nor in the charge sheet' It is reflected that a quarrel took place in the USA, finger of respondent No'2 was injured and for that purpose respondent No'2 was sent to India' ln the charge sheet' no specific dates are forthcoming' except bald ald vague allegations, lacking in details, it is 10 years of marriage' Though it is stated that there was harassment for additional dowry' who harassed mentally and physically' incidences of harassment and dates are not reflected' In the absence of such details' it would be an abuse of process of 1aw if the accused/ petitioner is not permitted- to go to USA' It is also seen from the record ( :4./ t) that accused I' o.l rvas present before the trial Cour:t during the proceedings JAK, J (IRLP 15514 2024

14. On an apprehension of respondent lilo.;l that the accused /petit ir ,n er may leave the country, a request rvas made to Police for issuing of a Look Out Circular, eLccordingll, the Police issued t,ook Out Circular (LOC) No. i 0l LOCIDCp_ BZIcYB/2024, dated 26.06.2024 against rhe accused/ petitioner. 'lhe p"-titroner is very much in the country ancl has appeared before the Court concerned during th: proceedings. He did not absent himself from the proceedings before the Court. Accr-rsed /petitioner has a valid Visa upr-o l)eptember, 2025.

15. Apprel-rens;ir:,. expressed by the counsel fo:: State is unwarranted. .As per the submission of co,nsel for accused /petition e r, the proceedings in the case are r;till at the stage of appear 1ltce. no summons were issued nor charges framed. If accusedT'petitioner is not permitted to t.ravel abroad, he would be cor.peLled to remain in India until the r:nd of the trial. It is difficr-rlt to conceive when the trial ivill end. An apprehensiorr xpressed that if the accused / petitioner ls e .'!,.:,( l i l I I i I I i I i I I l i , I 8 JAK, J CRLP 15514-2024 goes abroad, he might not make himself available for the trial ' The apprehension is not unfounded' Situation is not free from difficulty, trial has to come to an end' at the same time the accused/ petitioner's right to work calnot be curtailed' a balancing act in the interests of justice needs to be worked out'

16. This Court queried learned Public Prosecutor to provide the statistics whether accused persons involved in such cases' upon conviction, have evaded sentence and conviction Learned Public Prosecutor, on instructions' from the Office of Director General of Police, has stated across the Bar that none of the accused so far in such cases have evaded the sentence and conviction' An abstract of list of information sought for under Section 498-A of IPC/85 of BNS cases has been provided' As per the list enclosed, no convicted person in Section 498-4 of IPC/85 of BNS cases stayed abroad' 17 . Petitioner is holding a valid Visa permil till September' 2025. It is stated that petitioner has certain responsibilities and obligations like medical insurance drles' housing loan dues and social security updates which are to be fulfilled' That he be permitted to travel to fulfill his obligations' which are essential . -3 9 JNK,J ( Rt,P t5514 2024 for his future entployment. His iiberty to travel a]:,road caxnot be restrainecl rlue to the pendency of proceedin5ls in CC.No.349 of 2023 on thr: lile of XIV Additional Metropolitan l\Iagistrate at Kukatpalll , Cr.berabad, which are at a nascent sta:ge (stage of Learne<l counsel for petrtroner has [i]t:d an undertaking (affidavit of petir.ioner) and the same reads, as follor,r,s: stated by counsel). appearance AS CASE, ''1. I arrr the petitioner rn Crl.p.No.155 14 of )_O24 and as srrclr i lm u.ell acquairlted with the facts of thr: 2. I r;r b.,nit that the above Criminal petiticrn is; -r"sr"o filed scehn j tc set aside the Lookout .rr.rin and petrdinrl against me, so as to enable me to travel tc U.S A so :r s io set my insurarce ar"", frou"^!'f,r.-t dues and other social securities needed to fr.- rJau,.a apart from sie( lrrlng my employment back. ll. I siLbrnit that I hereby undertal<e to keep myself availrl;l,: for cour or throu gi. i.l "o "o.,r"t :,lnTtt::" il:","H;t,l,: l:y:r"r rec.rrrcd by rhe rrial courr in C.C.No.34!) ot. 2023 on tlre filc of Metropol tan Magisr'rre ar F.,karpauy, :i1".::::t'"" on o8.o2-2o2,r ar.rd arlH" H*:tr1""1;*;:.-:i: pending in t_i.lj A. apart from that i am a,lso intorrrca that due to non l)ayment of housing to_ *orri o, ._ account o[ r-rir overstay in India because of the pendencv of <;:rses ald Lookout circular agai.r"t _. resulted in atrctioning of my house in U.S.A. in O3-r)2_ 2025, thc imp:rct of my house being put to auction and all my financ,:s being drained ort Jr. to rny "t"y fr.,.t in India with or_rt ary employment here j fr" rrt attack to me :Lrrd got heart operated on Og_O2 2025. 5. I fur her undertake.that as the trial of the C C. stated supra is pending trial a,nd rvould be considerable period ol' 1rn-er fcr- conclusion of trial, I voluntaril"

4. I sr,Lbr:.rit that I l ""r"" I I J 1; t I ; l0 JAK, J CRLP 15514 2024 f i., undertake to appear through online or in presence as ald when required more particularly I would make myself physically present before the court on the date ol petitroner/ accused examination u/s 313 Cr'P C , on the date of ltnal arguments and also on the date of pronouncement of judgment and on other dates I may be pcrmitted to appear through online'

6. I am voluntarily grving the above Undertaking only to prove my bonafides that I would make myself availablc and would not protract the crtminal proceedings. Further my employment visa is only till 06- Og-2O25 a-nd I should be well before that perrod in U.S.A. so as to renew my visa and take care of my livelihood, failing which I would be put to great hardship and irretrievable loss l am ready and willing to comply with any other terms ald conditions which this Hon'ble Court deems ht to impose whrle recallit'rg the t ookout Circular pending agailst me ald consequently permitting me to travel abroad Hence, this Undertaking "

18. The right to travel and the right to work cannot be curtailed as matter of routine by not Sranting permission to go abroad (to USA) for fulfillment of his obligations and responsibilities, as stated, which are essential for his future employment. The accused under Section 498-A of IPC has a fundamental right of persona-i liberty to travel'

19. Article 21 of Constitution of lndia speaks of right to life arrd personal libertY of an individual. It is unwarranted to restrain an accused from seeking employment opportunities (fulfilling his obligations as stated in the present case) by curtailing their job opportunities, affecting the future prospects 1l JAK, J cRLP 15514 2024 of career bl' e straining them to travel. Cour.:s have enough reach to sumrrr()n the accused/ petitioner even if employed in USA by due p;-o:edure/ process of law.

20. In view of the undertaking of the petitioner. considering the libertv ol ir-rdividual as enshrined in the oonstitution, a citizen is errtitled to right to work and the sam,: cannot be curtailed bv i.-rposing rimitations or restrictions on his traver. In the interestr; cf .Justice, this Court deems it appropriate that petitioner/accr Lse'<'l be permitted to go to USA for f Lrlfilring the obligations alrc responsibilities, but, with thr: foliowing conditions: The a c:r:used/ petitioner is permitted to al)pear 1 through I i:; counsel except on days rvher his presenie is imperatively needed. He shall file an applicatiorr br:fore the triai Court through counsel and scek clispensation of his personal presr:nce/ attendance and ensure that his counsel vzor-rlcl be present orr his behalf on a1l the days of .,he case proceedingr;. ll he makes such application, the Lrial Court shallrlispense with his physical presence. 'lhe ac,<:used/petitioner shall be pernritt<:d to 2. go abroad ltc, I.JSA) on his deposit of Rs.3,OO,{)00/ as securitv to ensure his attendance u,hen reqrirecl on the date of hearing in the course of trial.

3. The trizrl Court is directed to issue notir:e to the accuserlT/oetitioner of his hearing date on lr.hich his personal oresence / attendance is necessan,, for the trial. T'hr: notice shall be given at least 15 clays 12 JAK, J CRLP 15 514 2024 ( the date of hearing and the Drior to "".tr".a7p.,itioner shall appear sugh date without t^it. fn" counsel on record in the trial Court shal1 intimate to the accused/ petitioner the date on *fri.n ,ft" petitioner/ accused has to be present in the trial Court. The intimation by the counsel of trial Court to the petitioner is suffice' The counsel shall informing the ;;;;." petitioner / accused of the date' the comPliance of The accused / petitioner shall mark his regular 4. attendance in the Office of the nearest High Co-mi""ion of India (in United States of America) on ;;; ;;" of the first i working days of each month and intimate the same to the trial Court' He shall not shift himself to any country other 5. than United States of America, except India' without f".-i".io" of the trial Court till conclusion of trial' The Look Out Circular (LOC) No'iOlLOCl 6. icv-ez1cuel2024, dated 26'06'2024 issued against the accused/petitioner . shall. stand sispended till the accused / petitioner does not violate these conditions. It is made clear that this order does not 7 . preclude the authorities nor does it prevent the authorities in taking action, if petitioner/ accu sed is required in any other case.

8. That whenever petitioner visits India even for a brief period, he sha,ll fiie al application before the trial Court. In the absence of filing such an application, upon his visit to India, it shall be deemed to be a violation of the conditions imposed. Upon such violation, the authorities are at liberty to initiate proceedings. ?rgairst the fetitioner. I I t, i I I i I l { I i I i : : l : V JAK. J - R1_P_ I i,i l,1 2024

21. it is maclt: clear that petitioner shall atride by the conditions im roseci and shall adhere to ^:e undertaking submitted to t,rs Court. Needless to state that, the authorities shall not detair-i cr restrain the petitioner at Airports or at any place(s) on the :g.c*nd of pendency of proceedings; in CC.No.349 of 2023 on the til,: of XIV Additional Metropolitan Magistrate, at Kukatpa-lly, C1.br:ra.,ad. petitioner shall file an application before the trial Court st,eking permission to travel abroacl, the triai court after takirrq rrlto consideration this order shall dispose of the applicatton a,:; earj_v as possible.

22. With the a rove observations, this Criminal petition is disposed of. The observations made by this Court shzLll not in any way influence tl_re. trial Court while passing orders. Misceilaneor; s applications pencling, if any, shall stand closed. I //TRUE COPY// SD/- MOHD. ISMAIL DEPUTY REGISTRAR \ SECTION OFFICER * \ I I Hyderabad Dist. To 1. The XIV Additional Metropolitan Magistrate at Kukatpally, C:yberabad. 2. The ll Additional Junior Civil Judge -cum- X Metropolit;rn Magistrate, 3. The Station House Officer, Jagadgirigutta Police Station, Medchal, Kukatpally, Ranga Reddy District. 4'TwoCCstoPublicProsecutor,HighCourtfortheStateofTelanganaat Medchal District. HYderabad. (OUT)

5. One GC to SRl. P VAMSHEEDHAR REDDY' Advocate TOPUCI 6. Two CD CoPies ry, kul/gh *Ad!r*=+r'*!ir--#..€ei*i*tt- I 2a- .,i l nt . i.1 --+. I'e i:r '' Ai\. i f'., 2 4 JUL ?025 ,ir) ; :\),,,/ HIGH COURT DATED:10107t2025 s () ,) () ll) ORDER CRLP.No.l5Sl 4 of 2024 \:, i': . - n -....r{. DISPOSING OF THI]'I'R. CRL. PETITION q I 7\ )x4