Sri G. Srinivasa Babu, v. Sri Dasi Kedari,
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.11961 of 2025 This Criminal Petition is filed under Sections 482 and 483 of BNSS seeking the Court to enlarge the petitioner on bail in EA.No.12 of 2022 and recall the NonBailable Warrant dated 05.01.2024 issued by the District Commission-III, Hyderabad, in EA.No.12 of 2022 in C.C.No.298 of 2020. 2.
The brief facts of the case are that the petitioner herein is in jail from 21.07.2025 in view of the order passed in E.A.No.12 of 2022 in C.C.No.298 of 2020, wherein the petitioner was punished for the offence under Section 72 of C.P. Act, 2019 for non-compliance of the order dated 10.03.2022 passed in C.C.No.298 of 2020 by District Commission-III, Hyderabad. Aggrieved by the same, the petitioner filed a petition in I.A.No.203 of 2025 in E.A.No.12 of 2022 in C.C.No.298 of 2020 before the District Consumer Disputes Redressal Commission-III, Hyderabad seeking to grant bail to the petitioner and vide
order dated 19.08.2025, the District Consumer Disputes Redressal Commission-III, Hyderabad had dismissed the said petition, on the ground, that the petitioner never come forward to offer any condition for releasing from jail, as per contentions respondent/complainant that it will be very difficult to produce the petitioner again before the Commission. 3.
Heard Sri P. Nishith Raj, learned counsel for the petitioner as well as Sri Arun Kumar Doddla, learned Additional Public Prosecutor for respondent No.2-State. 4.
Learned counsel for the petitioner submitted that the award passed in C.C.No.298 of 2020 is an ex parte order and it was passed without hearing the petitioner herein and no opportunity was given to the petitioner to submit his arguments in I.A.No.203 of 2025. It is further submitted that, even if the petitioner has to file an appeal, he has to deposit half of the amount awarded by the District Consumer Disputes Redressal CommissionIII, Hyderabad and the total amount is Rs.13,00,000/- which was paid by the complainant to the petitioner with
12% interest and also punitive damages of Rs.1,00,000/- towards mental agony suffered by the complainant and Rs.10,000/- towards costs of the proceedings. It is further submitted that the petitioner herein cannot arrange the half of the amount awarded by the Consumer Forum, if he is not released on bail. Hence, he prayed the Court to grant bail to the petitioner by allowing this criminal petition.
5.
On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner and he prayed the Court to dismiss the criminal petition.
6.
In light of the submissions made by both the learned counsel and upon perusal of the material available on record, it appears that the award passed by the District Consumer Disputes Redressal CommissionIII, Hyderabad is an ex parte order and the petitioner herein is in jail from 21.07.2025. Considering the facts and circumstances of the case, the nature of the allegations, the stage of investigation, and the duration of
incarceration, this Court finds it appropriate to grant bail to the petitioner, subject to the following conditions. i.
The petitioner/accused shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties for a like sum each to the satisfaction District Commission-III, Hyderabad.
ii.
The petitioner/accused shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) week or till filing of charge sheet whichever is earlier, for purpose investigation, and thereafter, as and when required.
iii.
The petitioner/accused shall abide by the conditions stipulated in
Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).
iv.
The petitioner/accused shall deposit an amount Rs.2,00,000/- before the District Commission-III, Hyderabad and on such deposit, the petitioner shall be entitled to be enlarged on bail.
7.
Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 23.09.2025 TU
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.11961 of 2025 Date:23.09.2025 TU