IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.15993 of 2025 Date: 04.12.2025 Between:

Yennam Venkata Shiva Reddy.

...Petitioner AND The State of Telangana, Represented by its Public Prosecutor High Court for the State of Telangana, At Hyderabad and another.

...Respondents

ORDER:

This Criminal Petition is filed aggrieved by the order dated

29.10.2025 passed in Crl.M.P.No.2902 of 2025 in C.C.No.2491 of 2021 on the file of XII Additional Chief Judicial Magistrate Court, Hyderabad, wherein the application filed by the petitioner/accused No.1 seeking to recall the NBW issued against him was dismissed.

2. Heard Mr. Harikishan Kudikala, learned counsel for the petitioner and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for respondent No.1-State.

3. Notice in respect of respondent No.2 is dispensed with on the ground that the petitioner has filed an application for recalling the NBW.

4. Learned counsel for the petitioner submitted that the petitioner/accused No.1 could not appear before the trial Court on 12.11.2024, due to ill-health and because of his non-appearance, the trial Court below issued NBW against him. Thereafter, the petitioner has filed an application i.e., Crl.MP.No.2092 of 2025, seeking to recall NBW before the trial Court. The trial Court without properly considering the averments made in the said application, dismissed the same.

5. He further submits that the petitioner is ready and willing to appear before the `trial Court whenever his presence is required and also he will represent the matter on every date of hearing by his Counsel and he is ready to abide any other conditions which are going to be imposed by this Court and unless the NBW issued against the petitioner is recalled, he will be put to great hardship, as the petitioner is eking out his livelihood by doing private job.

6. Per contra, learned Additional Public Prosecutor submits that the petitioner is not appearing before the trial Court since long time and the trial Court has rightly dismissed the application.

7. Having considering the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the trial Court had issued NBW against the petitioner on 12.11.2024. Thereafter, the petitioner filed an application seeking to recall of the NBW, and the same was dismissed on the ground that the petitioner has not enclosed any medical record to prove the factum of his illness.

8. The documents filed along with the present petition reveals that the petitioner was admitted in AVIS hospital and he had taken treatment from June 2024 to August 2024.

9. Taking into consideration the medical reports issued by AVIS hospital and reasons mentioned in the present petition,this Court is inclined to recall the NBW issued against him on 12.11.2024, accordingly recalled, subject to the condition that the petitioner shall execute a personal bond for a sum of Rs.25,000/- with two (02) sureties for a like sum each to the satisfaction of the learned XII Additional Chief Judicial Magistrate Court, Hyderabad and also he has to give an undertaking that he will appear before the trial Court in C.C.No.2491 of 2021, whenever his physical presence is required and also he shall be represented by his counsel on each and every date of hearing. If the petitioner fails to comply any of the conditions as mentioned supra, the trial Court is entitled to proceed with the matter in accordance with law.

10. With the above said directions, the Criminal Petition is disposed of, accordingly.

Miscellaneous applications, if any, pending shall stand closed.

_______________________ J. SREENIVAS RAO, J Date: 04.12.2025 krk Note:CC in 3 days