IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J. Sreenivas Rao, J
Mudraboina Ganesh – Appellant
Versus
State of Telangana – Respondent
Criminal Petition No. 8123 of 2026
| Table of Content |
|---|
| 1. court evaluates necessity of accused's presence versus employment needs. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. grant of permission to travel abroad subject to court-imposed conditions. (Para 11 , 12) |
: O R D E R :
This criminal petition has been filed by the petitioner/accused aggrieved by the order dated 19.05.2026 passed in Crl.M.P.No.414 of 2026 in Crime No.153 of 2025 of Inthezargunj Police Station by the learned I Additional Judicial Magistrate of First Class, Warangal, (for short, ‘learned Magistrate) where under the application filed by the petitioner seeking permission to go to United Kingdom to attend his job was dismissed.
2. Mr. G.Bhaskar Reddy, learned counsel for the petitioner, Mr.Jithendar Rao Veeramalla, learned Additional Public Prosecutor appearing on behalf of respondent No.1, and Mr. Abdul Mateen Qureshi, learned Standing Counsel appearing on behalf of respondent Nos.2 and 3.
3. Learned Additional Public Prosecutor submitted that pursuant to the order dated 10.06.2026, the Investigating Officer served the notice to the mother of the victim and also sent the notice through Whats App to respondent No.4/victim and also informed her about filing of the present criminal petition and listing of the matter and placed a copy of the said notice along with written instructions furnished by the Inspector of Police, Inthezargunj. In spite of the said intimation, respondent No.4 has not chosen to enter appearance.
4. Learned counsel for the petitioner submitted that the petitioner is an accused in Crime No.153 of 2025 of Inthezargunj P.S., registered for the offences under Sections 376, 417 and 420 of the Indian Penal Code, 1860 (for short ‘the IPC’). He further submitted that the petitioner is residing at United Kingdom due to his employment and he returned to India on 04.02.2026. The petitioner was taken into custody on 06.02.2026 pursuant to the Look Out Circular (LOC) issued against him. The petitioner had approached this Court and filed Criminal Petition No.2826 of 2026 seeking to enlarge him on bail and this Court on 03.03.2026 allowed the said Criminal petition and granted bail in his favour. The employer of the petitioner granted leave to him only up to 14.06.2026 and he has to attend his job on or before 14.06.2026. The petitioner filed Crl.M.P.No.414 of 2026 before the learned Magistrate seeking permission to go to United Kingdom to attend his job. The trial Court without properly considering the contentions of the petitioner dismissed the application only on the ground that he was involved in heinous offence.
5. He further submitted that the matter is still at the stage of crime and the Investigating Officer has filed final report before the learned Magistrate. Till today, the learned Magistrate has not taken cognizance and not issued summons and the presence of the petitioner before the concerned Court at this point of time is not required. He further submitted that the petitioner will appear before the trial Court or before the learned Sessions Court whenever his presence is required. Unless this Court permits the petitioner to go to the United Kingdom, he will lose his job and will be put to great hardship. The petitioner will abide by the conditions that may be imposed by this Court.
6. Learned Additional Public Prosecutor submitted that the petitioner was involved in heinous offence and the presence of the petitioner before the trial Court as well as Sessions Court is very much required. The trial Court has rightly dismissed the application filed by the petitioner.
7. Learned Standing Counsel for respondent Nos.2 and 3 also reiterated the very same submissions made by the learned Addl. Public Prosecutor.
8. This Court considered the submissions made by the respective parties and perused the material available on record. It is not in dispute that the petitioner was arrayed as accused in Crime No.153 of 2025 of Inthezargunj P.S. for the offences under Sections 376, 417 and 420 o
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