High Court for State of TelanganaCRLRC/2210/2015disposed of no costs

Krishna Saritha Katta (A-3) v. Kadiyala Venkateshwar Rao

2015-10-05Raja Elango2 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2210 of 2015 ORDER:

This Criminal Revision Case is filed by the petitioner challenging the order, dated 15.09.2015, passed in Crl.M.P.No.1222 of 2015 in CC No.280 of 2015 by the IV Special Magistrate, Kukatpally at Miyapur. Heard and perused the material available on record. The petitioner is Accused No.3 in the above said CC. She filed an application under Section 451(a) Cr.P.C., before the Court below for return of her passport. While passing the order to return the passport, the Court below directed the petitioner as follows:

"i. The petitioner is directed to execute a Bank guarantee of Rs.10 lakhs.

ii. The petitioner/A3 is directed to produce the pass port on each and every date of hearing till the disposal of (3) cases. iii. The petitioner/A3 shall not leave India till the disposal of (3) cases pending before this Court."

Learned counsel for the petitioner submitted that the conditions imposed by the Court below are onerous in nature and the purpose of returning the passport is also of no use when it was observed that the petitioner should not leave the Country. After hearing the arguments of the learned counsel for the petitioner and also after perusing the entire material available on record, this Court is of the view that the revision case can be disposed of with the following directions:

i. The petitioner is directed to execute a personal bond for a sum of Rs.10 lakhs, instead of executing bank gurantee. ii. While leaving the country, the petitioner is directed to file an affidavit before the Court below, informing the date on which she is leaving the country and also the date on which she returns from abroad.

iii. After return from abroad, the petitioner shall deposit the passport before the Court below.

iv. The other conditions imposed by the Court below are set aside.

With the above directions, the Criminal Revision Case is disposed of. Miscellaneous petitions, pending if any, shall stand closed. ______________ RAJA ELANGO, J October 05, 2015.

KTL