Olaveni Naveen v. The State of Telangana, through S.H.O., P.S. Kathalapur,
Court: High Court for State of Telangana
Bench: J SREENIVAS RAO
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2026-04-21. Olaveni Naveen v. The State of Telangana, through S.H.O., P.S. Kathalapur,. Read the judgment...
Judgment text
t 33031 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSANO AND TWENTY SIX NT THE HONOURABLE SR! JUSTICE J SREENIVAS RAO CRIMINAL PETITION NOs: 6083 AND 6097 OF 2026 F Olaveni Naveen, S/o Ganga Narsaiah, Age: 30 Years, Occ: Owner of the cell phone Rl/o. Bommena Village, Kathalapur Mandal, Jagtial District . PETITIONER/PETITIONER AND 1. The State of Telangana, through S. H. O. , P. S. Kathalapur, Jagtial District, Represented by Public Prosecutor, High Court at Hyderabad. ... Respondent 2. S. Ravinder, lnspector of Police,, Regional Vigilance and enforcement office, Karimnagar, Karimnagar Proper and District. RespondenUDefacto Complainant Petition under Section 528 of BNSS rlw 451 of Cr. P. C. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to release the cell phone Redmi 6i (Ph. No. 6281927597) seized in F. l. R No. 31 ol 2026 of P. S.
Kathalapur, Jagtial District in favour of the petitioner, on such terms and conditions as this court may deem ftt and proper in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Gmunds of Criminal Petition and upon hearing the arguments of Sri K Venumadhav , 'Advocate for the Petitioner and Sri Jithender Rao Veeramalla, the Additional Public Prosecutor on behalf of the Respondents. ry CRIMINAL PETI TION NO 6097 0F 2026 Between: Sachin shamrao Jadhav, S/o shamraoo, Age: years, 30 occ: owner of the cell phone, Rl/ o. Narrded Proper and District, Mahirashtra District. ... PET|T|ONER/PETIT|ONER AND 1. The stab of rerangana, through p. s. s. H. o. , Katharapur, Jagtiar District, Represented by Public prosecutor, High Court at Hyderabad ... Respondent 2. S. Ravinrler, Inspector of police, Regional Vigilance and enforcement office, Karimnagar, Karimnagar proper and District ... RespondenUDe-facto Complainant Petition und')r section 45t of cr. p.
c rlw s2B of BNSS praying that in the circumstances s;tated in the Memorandum of Grounds of criminal petition, the High court may be pleased to release the cell phone iphone 13 12gGb seized in F. l. R No. 31 of 2o26 of l). s. Katharapur, Jagtiar District in favour of the petitioner, on such terms and conditions as this court may deem fit and proper 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 K Venumadhav , Advocate for the Petitioner and Sri Jithender Rao Veeramalla, the Additional public Prosecutor on behalf of the Respondents. The Court macle the following: COMMON ORDER AT HYDERABAD 1 THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO Date: 21. 04. 2026 CRIMINAL PETITION No. 6083 of 2026 Between: Olaveni Naveen ... Petitioner/accused No. 1 AND The State of Telangana and another . Respondents Between: Sachin Shamrao ... Petitioners/accused No.
3 AND The State of Telangana and another ... Respondents COMMON ORDER These Criminal Petitions have been f,rled seeking to release the cell phones of the petitioners namely iPhone 13 128 Gb and Redmi 6i bearing Ph. No. 6281927597, respectively, seized in respect of F. t. R. No. 3l of 2026 of Kathalpur Police Station, Jagital District, wherein the petitioners were arrayed as accused Nos. l and 3, registered for the offences under Sections 303(2) of the Bharatiy:r Nyaya sanhita, z0z3 (for short 'BNS'), Section 3 of the Prevention of Damage to public property Act, lgg4 (for short 'PDPP Act'), Section 2l(4) of The Mines and Minerals (Development and Regulation) . MMDAR Act, lg57 (for short Act') and Sections 180, l8l and 184 of the Motor vehicles Act, 1988 (for short 'MV Act'). 2- Heard Mr. K. venumadhav, learned counsel for the petitioncr, and Mr. Jithender Rao veeramalla, learned Additional Public f)rosecutor for the respondents. 3.
Learned counsel for the petitioners submitted that the petition,:rs are accused Nos. t and 3 in respect of F. I. R. No. 3l of 2026 ol'Kathalpur police Station, Jagital District. In connection with the said crime, the police seized their mobile phones i. e. , iPhone 13 128 Gb and Redmi ph. No. 62gtgz7sg7, 6i bearing respectively and the petitioners filed applications vide crl. M. I'. Nos. 63 and 64 of 2026 on the file of Judicial Magistrate of First class at Korutla, seeking return of the said mobile phones and the learned Trial court returned the said applications on the ground that th,: said court has no jurisdiction to release the same as conhscation proceedings are initiated. He further submitted that the petitioner is ready and willing to abide by the conditions which are going to be imposed by this Court. 4. Per contra, learned Additional Public Prosecutor opposed the relief sought by the learned counsel for the petitioners. 5.
Having considered the rival submissions made by the respective parties and after perusal of the record, it reveals that the petitioners were arrayed as accused Nos. l and 3 in respect of F. I. R. No. 31 of 2026 of Kathlapur Police Station, Jagital District, for the offences punishable under Sections 303(2) of BNS, Section 3 of the PDPP Act, Section 21(4) of MMDAR Act and Sections 180, 181 and 184 of the MV Act. [t is not in dispute that the petitioners' mobile phones were seized by SHO, Kathlapur Police Station, Jagital District, in connection with F. I. R. No. 31 of 2026 on I t t 20. 02. 2026. Since then, the said mobile phones are in the custody , of the SHO, Kathlapur Police Station, Jagital District. The applications filed by the petitioners seeking interim custody of the mobile phones were returned as stated supra. 6. Taking into consideration the peculiar facts and circumstances of the case, this Court is inclined to grant interim custody of the petitioners' mobile phones i. e.
, iPhone 13 128 Gb and Redmi 6i bearing Ph. No. 6281927597, respectively, subject to the condition that the petitioners shall execute a personal bond for a sum of Rs. 5,000r- (Rupees Five Thousand only) to the satisfaction of the learned -rudicial Magistrate of First Class at Korutla and also on their funrishing an undertaking that they shall produce their mobile phones either before the [nvestigating offrcer or before the Trial Court, as and when required and also file an undertaking that they shall not: alienate the mobile phones in favour of any third parties till the conclusion of proceedings in F. I. R. No. 3l of 2026 of Kathlapur Police Station, Jagital District. 7. Accordingly, these criminal petitions are disposed of. Pending miscellaneous applications, if any, shall stand i Sd/-P. C. SULEKHA DEVI I I ASSISTANT REGISTRAR I I //TRUE COPY// I G I I I SECTION OFFICER To, 1. The Jurlicial Magistrate of First Class I at Korufla.
2' The Station House Officer, Kathalapur Police Station, Jagtial District. 3' Two C;Cs to Public Prosecutor, High court roi ine state of Tetangana, at I Hyderabad [OUT] 4. One CC to Sri K Venumadhav, Advocate i IOPUCI I 5. Two I CD Copies I Sa/VH 1 i M I HIGH COURT I DATED: 21104l,2026 r-) t) 2 7 Nfi 2028 COMMON ORE)ER CRLP. Nos. 6083 AND 6097 ot 2026 * * DISPOSING OF THE CRIMINAL PETTTIONS l,{ \rb
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