THE HONOURABLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.14736 of 2025

ORDER:

This Criminal petition is filed by the petitioner under Section

528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking to quash the order dated 08.09.2025 passed in Crl.M.P. No.330 of 2025 in Crime No.149 of 2025 on the file of the learned Junior Civil Judge cum XVII Additional Judicial Magistrate of First Class, Ranga Reddy District at Maheshwaram.

2. Heard Sri Thakur Rishab Dev Singh, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent-State.

3. Learned counsel for the petitioner has submitted that the petitioner has filed a petition under Section 497 of BNSS before the trial court to release the vehicle towards interim custody and that the same has been dismissed by the trial court. He further submitted that the petitioner is the owner of the vehicle and is not at all connected with the alleged offence or not arrayed as accused and that the vehicle was seized during the course of investigation by the police from accused No.1 and that if the vehicle is lying idle and is not put to use and exposes to the weather conditions, it may get damaged and could not be of any use later on. He further submitted that the vehicle is required for his daily needs and hence, prayed to grant interim custody of the vehicle by setting aside the order of the trial court and a give a direction for the grant interim custody of the vehicle subject to any conditions.

4. Learned Additional Public Prosecutor has submitted that admittedly the petitioner herein is not an accused and that he has given the vehicle for rental services to Rocket Rental Cars as revealed from the charge sheet and from there the accused has taken the vehicle on rent from.

5. Perused the record

6. The recitals of the charge sheet reveal that the car was seized from accused No.1 and that the accused No.1 has taken it on hire from Rocket Rental Cars. The petitioner herein is the owner of the car and the RC of the vehicle ascertains the same. Thus, in the facts and circumstances of the case, it is deemed appropriate to grant interim custody of the vehicle to the petitioner in view of the guidelines laid down by the Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat, (22) 10 SCC 283, subject to the following conditions:

(i) The petitioner shall submit a personal bond for a sum of Rs.1.00 lakh with two sureties for the likesum each;

(ii) he shall not alienate or alter the colour or nature of the vehicle in any manner; and (iii) he shall produce the vehicle whenever it is required by the trial court.

7. The trial court shall ascertain the identity and acknowledgement of the petitioner and also shall take the photographs of the vehicle prior to release of the same, which can be marked during the course of evidence.

8. With the above directions, the criminal petition is allowed setting aside the dated 08.09.2025 passed in Crl.M.P. No.330 of 2025 in Crime No.149 of 2025 on the file of the learned Junior Civil Judge cum XVII Additional Judicial Magistrate of First Class, Ranga Reddy District at Maheshwaram. Miscellaneous petitions, pending if any, shall stand closed.

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JUSTICE TIRUMALA DEVI EADA November 12, 2025 KTL