THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 9002 OF 2025

ORDER

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter ‘the BNSS’) seeking to set aside the order dated 10.07.2025 passed by the learned XIII Additional Chief Judicial Magistrate, Hyderabad, in Crl.M.P.No.2609 of 2025 in C.C. No. 15760 of 2019.

2. The petitioner is arrayed as accused No.1 in the aforementioned Calendar Case, which pertains to offences punishable under Sections 498-A and 506 of the Indian Penal Code, 1860, and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

3. I have heard Mr. C.Sharan Reddy, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No.1-State.

4. The petitioner filed Crl.M.P.No. 2609 of 2025 in C.C.No. 15760 of 2019 with a prayer to return his passport as interim custody. The trial Court by observing that except seeking interim custody of the passport, the petitioner has not sought any permission to travel abroad and as the Calendar Case is at the stage of trial, inclined to grant interim custody of the passport to the petitioner. Aggrieved with the said order, the petitioner preferred the present petition.

5. Learned Additional Public Prosecutor submits that in the Calendar Case, the examination of witnesses was scheduled from 12.08.2025 and the prosecution has made all arrangements to produce the witnesses for examination, whereupon the trial Court may be directed to adjudicate the Calendar Case at the earliest and if the petitioner leaves India, for his presence the matter would be adjourned and it would cause prejudice to the interest of the complainant and witnesses. Hence, the petitioner may be directed to complete the trial proceedings then go abroad.

6. On this submission, learned counsel for the petitioner submits that the petitioner’s visit to Australia is to secure his employment and if does not go he may lose the employment opportunity and it would cause prejudice to his interest. Learned counsel further submits that the petitioner may be permitted to leave India and return by the next date of adjournment i.e. 12.08.2025. The petitioner is ready to abide by such condition.

7. I have perused the materials on record.

8. The petitioner was granted similar relief as per the earlier order passed on 29.11.2024, which is indicating that the petitioner was allowed to travel abroad from 29.11.2024 to 29.05.2025 and further, the prosecution has not raised any other objection except for pending trial and there is no record indicating that the relief/permission granted earlier was disobeyed by the petitioner. Further, having regard to the aspect that his visit is to secure his employment and his readiness to return by 11.08.2025, permitting the petitioner to travel Austraila from

28.07.2025 to 11.08.2025 is found not objectionable.

9. Accordingly, the Criminal Petition is allowed. The petitioner is permitted to travel abroad/Australia from 28.07.2025 to 11.08.2025 on executing personal bond for Rs.1,00,000/- and with one surety of 10,000/- to the satisfaction of the learned XIII Additional Chief Judicial Magistrate (Mahila Court), Hyderabad. Further, the petitioner is directed to furnish his address particulars of his work place and residence in Australia and on his return, he shall surrender his passport.

Pending miscellaneous applications, if any, shall stand closed.

_______________ N.TUKARAMJI, J Date: 25.07.2025 Note: Issue CC by 28.07.2025.

B/o.

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