THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA CRIMINAL PETITION No.5483 of 2025

ORDER:

The petitioner is accused No.6 in C.C.No.3 of 2021 on the file of I Additional Special Judge for CBI Cases, at Hyderabad. On the complaint made by the Chief Manager of Union Bank of India, Karimnagar Branch, stating that accused No.1 has illegally taken out funds to the tune of Rs.12 Crores from the Currency Chest of the Bank, and embezzled the funds conspiring with other accused, including the petitioner herein, a case in Rc.No.04/2019-CBI/Hyderabad, was registered by the respondent-CBI against all the accused. The petitioner herein, who is said to be in Dubai, was declared to be an absconder as he did not appear despite the summons issued by the trial Court, and the trial Court issued Non-bailable warrants (NBW) against the petitioner/accused No.6 vide Order dated 08.07.2024. Thereafter, the petitioner filed a petition, in Crl.M.P.No.867 of 2024, under Section 70(2) of Cr.P.C., seeking recall of the said Order dated 08.07.2024, contending that the petitioner left India for Dubai on a tourist visa on 09.08.2017 and later on got a resident visa, and that the case in Rc.No.04/2019-CBI/Hyderabad, was registered on 15.03.2019, and therefore it cannot be said that the petitioner absconded after the case was registered, and that he started business in Dubai and that his present address is Flat No.112, Infinity Building, Al Safa-2, Sheikh Zayed Road, Dubai, United Arab Emirates, and therefore it is his contention that the accused has to be served notices on his last known address and therefore the respondent-CBI declaring him as absconder is not in accordance with law. It is also his contention before the trial Court, represented through his counsel, that he is willing to surrender himself before the Court through video-conferencing and that whenever he is able to come to India he would come and that he has instructed his lawyers to fully participate in the proceedings and not take any adjournment on any ground. It is also his contention that he will continue to join the Court proceedings through video-conference and that there is a travel ban on him, and as soon as the ban is lifted, he will appear in person. The trial Court, by the impugned Order dated 28.08.2024, dismissed the petition. Aggrieved thereby, the petitioner filed this criminal petition.

2. Heard Mr. V. Sunil Kumar, learned counsel for the petitioner; and Mr. Srinivas Kapatia, learned Special Public Prosecutor appearing for respondent-Central Bureau of Investigation. Perused the record.

3. Learned counsel for the petitioner essentially contends that there are exemptions and privileges given to the accused under the Bharatiya Nyaya Sanhita, 2023, and the trial Court failed to appreciate that the petitioner has inability to appear in person before the trial Court and the petitioner has undertaken to surrender by video conferencing as per Bharatiya Nyaya Sanhita. It is also contended that in the charge sheet, the respondent/complainant-police clearly mentioned the address, including the Dubai address of the petitioner and his mobile numbers and phone numbers, and therefore the act of declaring the petitioner as an “absconder” is illegal. It is also contended that the petitioner has filed a petition in Crl.P.No.1025 of 2025 before this Court seeking to quash the FIR against the petitioner and the said petition is pending. Learned counsel therefore prays to set aside the impugned order passed by the trial Court and to recall the NBWs issued against the petitioner.

4. Learned Special Public Prosecutor, based on the counter affidavit, contends that the petitioneris an accused in Rc.No.04/2019-

CBI/Hyderabadregistered on the complaint of the Chief Manager, Union Bank of India, Karimnagar, alleging embezzlement of Rs.12.23 crores from the Currency Chest of the said bank. After completion of investigation, a charge sheet was filed in C.C.No.3/2021, presently pending before the trial Court, at the st