This petition under Sections 438 and 482 Cr.P.C. seeks anticipatory bail in a criminal trial and relaxation of exigent bail conditions. The High Court relaxed the passport deposit requirement and extended the surrender deadline.
Condition of depositing passport was relaxed and time to surrender extended till 07.10.2020.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY
PRESENT
THE HON'BLE JUSTICE G, SRI DEVI
CRIMINAL PETITION NO: 523 OF 2020 IN |.A.NO.2 0F 2020
Betwee n:
Kothamsau Venkata Ram Kiran, S/o Krishna l\rlohan Rao, Aged. 40years, Occ.Design Engineer, R/o.613, Harvard St Vestal, New York, United States of America
Represented by his father GPA holder, Kottamasu Krishna [\i]ohanRao, S/o Janardhan Rao, Aged 74 Years, Occ: Business, Rl/o.H.No 9-5-B2, lbrahimbagh,Near Golconda Fort, Hyderabad.
,,.PETITIONER/ACCUSED NO.1
AND
State of Telagana, Represented by Public Prosecutor,HighCourt at Hyderabad
Petition under Section 438 of Cr.P.C ,rr, "r;:t::::1il:::::::':l:: in the l\4emorandum of Grounds of Criminal Petition,the High Court may be pleased to grant Anticipatory Bail to the Petitioner bydirecting his releasein the event of his arrest in C.C 175 of 2019, on the file of JMFC, Specialtt4obile Court,Khammam.
l.A. NO: 2 OF 2020
Petition under Section 482 of Cr.P.Cpraying that in the circumstancesstated in the l/emorandum of Grounds of CriminalPetition, the High Court may be pleased to relax the condition of depositing thepassport till framingof chargesupon surrender by o4lo\l2o2o beforelower court vide order dated 0310312020 and O2lO7l2O2O and extend the timefor the petitioner/accusedNo.1to appear before the lower court by three more months.
This Petition coming on forhearing, upon perusingthe Memorandum of Grounds of criminal Petitionand High court order dated 03.03.2020in crl.P.No.523 of 2O2O and 2.O7.2020 inl.A.No. Iof 2O2O and upon hearing the arguments of Sri Venkata Mohana RaoPathakota, Advocatefor the Petitionerand the Public Prosecutor on behalf of theRespondent(SR).
The Court made the followingORDER:
Heard both sides.
Having regard to the facts and circumstances of the case, the conditionof
depositing passport with the Court concerned till framing of charges inthe Calendar Case is hereby relaxed. Further, the timegranted to thepetitionerto surrender before the Judicial First Class Magistrate, Special MobileCourt, Khammam, is hereby extended till 07.10.2020. lt is made clear thatno further
extensions will begranted.
Accordingly, the l.A. is ordered.
SD/. B. SATYAVATHI ASSISTANT REGISTR
//TRUE COPY//
SECTION OFFIGER
To,
IVIP
HIGH COURT
DATED:1910812020
1H E Slh
O 2 6 AUG 2020
ORDER
GRL.P.NO.523 0F2020 IN !.A.NO.2 0F 2020
ORDERINGTHE I.A.
3 issues framed by the court
Whether to relax the condition of depositing the passport for the petitioner accused under Section 438 Cr.P.C.
Whether to extend the time granted to the petitioner to surrender before the lower court.
Whether to grant anticipatory bail and relax bail conditions in CC 175 of 2019.
2 provisions across 1 enactments
Kothamsau Venkata Ram Kiran
State of Telangana
G. Sri Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
