Kothapa Puneeth v. The State of Telangana
Court: High Court for State of Telangana
Bench: E.V. VENUGOPAL
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-12-03. Kothapa Puneeth v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
32es ] [ IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE THIRD DAY OF DECEIVBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL CRIMINAL REVISION CASE NO: 1157 OF 2024 Criminal Revision Case filed under Section 438 and 442 of BNSS, 2023 against the order daled 0411O12024 made in PRC No. 36 of 2022 in Crl. M. P. No. 3419 o'f 2024 on the file of the Court of the Xl Additional Chief Metropolitan Magistrate at Secunderabad. Between: Kothapa Puneeth, S/o late Bipin Gopala Krishna, Aged 35 years Occ. Managing Director and CEO of NSPIRA l\4anagement Servrces Private Limited, R/o 2600, Bell tVIount, Lodha Bellezza, Phase-4, Kukatpally, Hyderabad. ... Petitioner AND The State of Telangana, rep. by its Public Prosecutor, High Court at Hyderabad through P. S. Bowenpally, Secunderabad. ...
Respondent lA NO: 1 OF 2024 Petition under Section 528 ol BNSS Act, 2023 praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Order daled. 0411012024 passed in PRC No. 36 of 2022 in Crl. tt/. P. No. 3419 of 2024 on the file of Xl Additional Chief Metropolitan Magistrate at Secunderabad to the extent of directing the petitioner to file an affidavit undertaking that he would deposit his passport immediately on the event of its re-issuance pending disposal of the Crl. R-C. in the interests of justice. Counsel for the Petitioner : Sri T V Ramana Rao Counsel for the Respondent : Sri E Ganesh, Assistant Public Prosecutor The Court made the following: ORDER ^l THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL CRIMINAL REVISION CASE No. 1157 OF 2024 ORDER: The present criminal revision case is hled by the petitioner aggrieved by the Order dated 04. 1O. 2024 in Crl. M. P. No. 3419 of 2024 in P. R. C. No.
36 of 2022 passed by the learned XI Additional Chief Judicial Magistrate at Secunderabad. 2. Heard learned counsel for the revision petitioner, learned Assistalt Public Prosecutor for the respondent-State ald perused the record. 3. The main contention of the petitioner is that petitioner is holding Indian Passport bearing No. Z40|0867 and the leaf of the booklet of the passport got exhausted ald he has approached the passport authority for issuance of new passport, but the sarne was declined, for the reason the petitioner is involved in P. R. C. No. 36 of 2022. Thereafter, the petitioner has fiied Crl. M. P. No. 34l9 of 2024 for re-issuance of fresh passport to him. Learned trial Court vide impugned order dated 04. 1O.
2024, granted ho obiection, for issuance I of passport and directed the Regional Passport Office, Kummarguda, Secunderabad to re-issue the passport to the petitioner by following the Passport Act, 1967 , however, on a condition that the petitioner shall execute personal bond of Rs. 5,OO,O00 and a-1so file an affidavit undertaking that he would deposit his passport immediately on the event of its re-issuance. 4 . Learned counsel for the revision petitioner would contend that the petitioner has been arrayed as accused No. 35 in PRC. No. 36 of 2022 and upon giving his explanation as sought under Section 4l-A of Cr. P. C, he was not arrested and the passport is remained with the petitioner herein. Further, it is not the case of the prosecution that passport was either seized or retained or deposited before the learned trial Court. Though the learned trial Court has granted no objection for re-issuance of passport, it has imposed condition to execute a personal boadgf Rs.
5,00,000/-, which . ----=. - -to is very huge amount, hence he seeks set asid. e the impugned order. 5. Learned Assistant Public Prosecutor relying upon the in of 2O24, would order passed by this Court W. P. No. 28614 not deposited the submit that the passport was before of passport booklet learned trial Court. So far as, re-issuance is concerned, the learned trial Court has rightly and correctly imposed the condition during grant of NOC to the petitioner' Further, submits that passport is required to be deposited by the petitioner after its re-issuance before the learned trial Court and hence imposed condition of furnishing personal bond of Rs. 5,O0,OOO/- along with undertaking to its \ satisfaction. Hence, seeks to dismiss this criminal revision CASC. 6. Having heard both the learned counsel, this Court is of the opinion that the learned trial Court ought not to have imposed the condition of furnishing personal bond of Rs. 5,O0,000/ while granting NOC for re-issuance of his passport.
Accordingly, the condition of furnishing personal bond of Rs. 5,OO,00O/- imposed by the learned trial Court in the impugned order is set aside insofar as the condition o[- I -r at furnishing of personal bond of Rs. 5,00,000/-. However, upon re-issuarce of passport, revision petitioner is directed to deposit and execute on undertaking before the learned trial Court that he shall not leave the country without any permission from the Court and shall comply the other conditions as imposed by the learned trial Court. 7. With the above said direction, this Criminal Revisior-r Case is partl. y 21161". 6. Pendirrg miscellaneous applications, if any, shall stand closed. Sd/- M, MANJULA DEPUTY REGISTRAR //TRUE COPY// S ON OFFICER To, Magistrate at Secunderabad' 1. The Xl Additional Chief Metropotitan 2. The S. H. O. , Police Station Bowenpally, Secunderabad' I 3. One CC to Sri T V Ramana Rao, Advocate [OPUC] Court for the State of Telangana at +.
f*o CCs to the Public Prosecutor' High Hyderabad [OUT] 5. Two CD CoPies ADKigh g I HIGH COURT DATED:0311212024 E SIA . - . \. t\ o 0 3 ;i3 2[? 5 ORDER {,' * * CRLRC. No. 1157 of 2024 t) t5o41gHti) PARTLY ALLOWING THE CRLRC @q.. 4 \
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