Mr.Eshwar Saraswathi, v. The State of Telangana,
Court: High Court for State of Telangana
Bench: J SREENIVAS RAO
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2026-04-17. Mr.Eshwar Saraswathi, v. The State of Telangana,. Read the judgment and case details on LawSphereX.
Judgment text
I 3303 I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 5619 OF 2026 Between: Mr. Eshwar Saraswathi, S/o. saraswathi Seetaramaraju, Aged about 33 years, Occ: Care Operations Coordinator, R/o. H. No '17-1 -3BBt'l t13, Sai Mansion, 2nd Floor, Flat No. 203, Road No. 8, Lakshmi Nagar Colony, Near DpS School, Saidabad, Hyderabad - 500 059. ... Petitioner/Accused No. 2 AND 1. The State of Telangana,, Rept by its Public prosecutor, High court of Telangana, at Hyderabad (through P. S. , Madhapur) 2. Bollepalli Prasadaraju, S/o Late Brahmaralu, Aged 60 yrs, Occ: Business, R/o Dahegam, Kamarambheem, Asifabad District. (Cause title lmpleaded as respondent no. 2 as per court dated 16t0412026 vide lA. No. 1/2026) ...
Respondents/Defacto Complai nant Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to set aside and quash the impugned order dated 07. 04. 2026, passed in Crt. M. p. No. 51 oI 2026 in S. c. No. 306 ot 2023, on the file of V Additional chief Judicial Magistrate, Ranga Reddy district at Kukatpally, in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Vinod Kumar Deshpande, Senior Counsel representing Sri Emmadi Upender, Advocate for the Petitioner and sri Jithender Rao Veeramalla, public Additional Prosecutor on behalf of the Respondent No. 1 and of Sri D. Balu, Advocate for the Respondent No. 2. The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OI- I ELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J. SR-EE\ IVAS RAO CRIMINAL PETITION No.
56l9 of 2(26 Date 17. 04,2026 Between Mr. Eshwar Saraswathi Petitioner AND 'l'elangana The State ol' and another . Respondents ORDER Ihis Crirninal Petition has been filed aggricr t o by the order dated 07. 04. 2026, passed by the learned V r\l litional Chief Judicial Magistrate, Ranga Reddy, at Kukatpally in lrl. M. P. No. 5 I of 2026 in S. C. No. 306 of 2023, whereby the applir ation filed by the petitioner to permit him to travel abroad i. e. , Lcr don, Engtand, United Kingdom, was dismissed 2. Heard Sri Vinod Kumar Deshpande, learned S :nior Counsel representing Sri E. Upender, leamed counsel for rre petitioner, Sri Jithender Rao Veeramalla, leamed Add r onal public Prosecutor appearing lor respondent No. l, and Sri I) Ralu, leamed counsel for respondent No. 2 3. Leamed Senior Counsel for the petitioner submits that the petitioner was arrayed as accused No. 2 in S. C. No. 306 o12023 ior the offences punishable under Section 306 of the Indian Penal Code, 1860 (for short 'IPC').
The petitioner has been discharging his duties as Care Operations Coordinator at Caremark Croydon Company, London, United Kingdom and he came to lndia on 13. 02. 2026 and he has to report to his olfice at the United Kingdom on or before 19. 04. 2026. The petitioner filed Crl. M. P. No. 5O of 2026 seeking retum of his passport bearing No V 1773717 as interim custody, and Crl. M. P. No. 5 I of 2026 seeking permission to travel abroad, i. e. , London, England, United Kingdorn. However, the leamed trial Court, without properly considering the contentions of the petitioner, dismissed both the applications, by way of a common order dated 07. 04. 2026. He further submits that unless this Court returns the passport and permit the petitioner to travel to the United Kingdom on or before 19. 04. 2026, he witt be put to great hardship. He also submits that the petitioner will abide by any conditions that may be imposed by this Court. 4. Per contra, leamed counsel lor respondent No.
2 submits that, due te' non-appearance of the petitioner, the trial Court is .. *;. ,nT J, unable to proceed with rhe matter. The petitioner, , irh an intention to drag on the proceedings, has filed the applicari,r L. The presencc t I of the petitioner before the trial Court is very muclr r:qu ired lor the speedy disposal of the proceedings. The leamec ,r'iaI Court has rightly disrnissed the application, and the petition: is not entitled I to any reliel-sought in the present petition. 5. l'his Court has considered the rival subm s ;10ns made by both parties and perused the material available on r :cord. It is not in dispute that the petitioner was arrayed as acc rsed No. 2 in S. C. No. 306 ol'2023,ibr the offence punishable urrr er Section 306 o I' the IPC.
The petitioner has specifically p eaded in the memorandum of grounds that he is discharging his duties as Care Operations Coordinator at Caremark Croydon Co r pany, London, United Kingdom and he has to resume his duties ir d report to his employer on or before 19. 04. 2026, faiting which hr s going to lose his employment. 6. 1'aking into consideration the peculie ' facts and I I circumstanoes of the case, this Court is inclined to ant permission 1i {br retum ol'passport bearing No. VI773717 as inrt :r. m custody to the petitionel and to travel abroad, 1. e. , London, l: rgland, United Kingdom, with the following condirions:-i) The petitioner/accused No. 2 shall fumish an amounr ol Rs. 1,00,000/- (Rupess One Lakh only) with two sureries ro the satisfaction of the leamed V Addirional Chief Judicial Magistrate, Ranga Reddy, Kukatpally. ii) The petitioner/accused No. 2 shall file an undertaking stating that he shall retum to India on or before Ol. O7.
2026 and shall deposit his passport before. the trial Court within one week of his retum back to India. iii) The petitioner/accused No. 2 shall not leave India without prior permission of the leamed trial Court. iv) The petitioner/accused No. 2 shall fumish his travel particulars, the place where he intends to reside at United Kingdom as well as his office address, mobile number, email address, before the trial Court. In default, the learned trial Court is entitled to proceed with the matter. 7. With the above directions, the criminal petition is disposed of. Miscellaneous applications, pending il any, shalI stand closed. SD/- M.
OSMAN ALI BAIG SSISTANT REGISTRAR //TRUE COPY \ SECTION OFFICER To, 1 The V Additional Chief Judicial Magistrate, tpally, Ranga Reddy (with records if any) 2 The Xll Additional Metropolitan Magistrate, Kukatpally, Cyberabad 3 The Station House Officer, Madhapur Guttala Police Station, Cyberabad 4 Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT] One CC to Sri Emmadi Upender, Advocate [OPUC] 6 One CC to Sri D. Balu, Advocate [OPUC] 7 CD Copies ABK I HIGH COURT DATED: 1710412026 ? ili[ sa t\ t rJ / IPfr )\1 ORDER ''v CRLP. No. 5619 ot 2O26 . * DISPOS]NG OF THE CRIMINAL PETTTION la
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