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.I and II in the order, dated 03.07.2025, passed in Crl.M.P.No.290 of 2025 in C.C.No.1525 of 2022 on the file of learned I Additional Judicial Magistrate of First Class, Miryalaguda, 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. It is submitted by learned counsel for the petitioner-accused No.2 that the petitioner is aggrieved by the said Condition No.I that the petitioner shall submit a fixed deposit for an amount of Rs.5,00,000/-

before the trial Court.

4. Learned Additional Public Prosecutor has submitted to pass appropriate orders in the Criminal Petition.

5. Perused the record.

6. The petitioner is accused No.2 in the subject C.C. and is facing allegations under Sections 420 and 423 read with 34 I.P.C. and Section 82 of the Registration Act. As per the guidelines vide GSR.No.570E, dated 25.08.1993, issued by the Government of India, any person facing criminal proceedings shall obtain permission of the Court to depart from India and only then the concerned authorities shall issue passport. Obliging the said guidelines, the petitioner- accused No.2 has filed the subject Crl.M.P. before the trial Court seeking to direct respondent No.2 to issue passport. The trial Court has considered the said petition and vide impugned order, dated 03.07.2025, allowed the same, however, subject to certain conditions. Condition No.I being the petitioner shall submit a fixed deposit for an amount of Rs.5,00,000/- before the trial Court. Condition No.II being the petitioner shall furnish personal bond of Rs.5,00,000/- with two sureties for a like sum and the sureties however should be siblings or any one related to petitioner. The other conditions are as follows:

“III. Petitioner/Accused No.2 shall furnish an affidavit undertaking himself to appear before the court as and when directed during the said period failing which the fixed deposit shall be forfeited.

IV. 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 India necessarily with documentary proof.

VI. Petitioner/Accused No.2 shall undertake in his affidavit that before leaving abroad he shall furnish his itenary.

VII. Petitioner/Accused No.2 shall undertake in affidavit that he will furnish the place of visit before leaving abroad.

VIII. Petitioner/Accused No.2 shall furnish in affidavit his place of stay at abroad.

IX. 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.

XI. 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.I i.e., Petitioner-accused No.2 shall submit a fixed deposit for an amount of Rs.5,00,000/- before the trial Court. The petitione