CRLP/11077/2026 of Lakavath Anil Kumar Vs The State of Telangana on 17 July 2026

O R D E R

This Criminal Petition is filed under Sections 480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/accused to release him on bail in S.T.C.NI No.44 of 2025 pending on the file of learned I Additional Junior Civil Judge-cum-Additional Judicial Magistrate of First Class at Mahabubabad, pending trial. The offence alleged against the petitioner is punishable under Section 138 read with 142 (a) of the Negotiable Instructions Act, 1881.

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2. Learned counsel for the petitioner would submit that the Counsel appearing for the petitioner in the trial Court had failed to inform him about issuance of Non-Bailable warrant against him; that he was under bona fide impression that his Counsel is representing him in the matter, he could not attend before the trial Court; that the petitioner had no knowledge of issuance of NBW against him; that his absence is neither willful nor wanton; that upon execution of warrant, the petitioner was arrested and produced before the learned Magistrate on 03.07.2026 and hence, he prays this Court to grant bail to the petitioner.

3. On the other hand, learned Additional Public prosecutor opposed the same and submits that the learned Magistrate rightly dismissed the petition and that there is no merit in the petition and hence, he prays to dismiss the petition.

4. Heard Sri G.Sundaresan learned counsel for the petitioner-accused and Sri D.Arun Kumar, learned Additional Public Prosecutor, appearing for the respondent-State.

5. As seen from the docket order, dated 03.07.2026 though the petitioner had filed an application seeking recall of

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NBW, the same was not considered on the ground that despite the petitioner having been granted time to pay a sum of Rs.20 lakhs, the same was not paid. Consequently, the trial Court dismissed the petition and remanded the petitioner to judicial custody on 03.07.2026.

5. Considering the submissions made by learned counsel for the petitioner and learned Additional Public Prosecutor, as seen from the record, it is a summons case. A Non-bailable warrant was issued against the petitioner for his absence before the trial Court. There appears to be no justification on the part of the trial Court directing the petitioner to deposit an amount of Rs.20.00 lakhs as a condition for considering application for recall of the Non- Bailable warrant issued against him. Further, there is no material on record to show that complainant had filed any application for deposit of any amount nor trial Court directed the petitioner to deposit the said amount. But, in the docket order, it is mentioned that the petitioner requested time for payment of Rs.20 lakhs due to the complainant and did not specify any time for deposit of the same. In these circumstances, the order passed by the learned trial Court is

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nothing but an abuse of process of law. Having regard to the same, this Court is inclined to grant bail to the petitioner on the following terms and conditions:

(i) The petitioner-accused shall execute a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of the learned I Additional Junior Civil Judge-cum-Additional Judicial Magistrate of First Class, Mahabubabad.

(ii) On such release, the petitioner-accused shall appear before the learned I Additional Junior Civil Judge-cum-Additional Judicial Magistrate for First Class at Mahabubabad, for trial on each and every date of hearing.

(iii) The petitioner-accused shall abide by the conditions stipulated in Section 437 (3) of Cr.P.C. (presently, Section 480 (3) of BNSS).

6. Accordingly, the Criminal petition is allowed.

Miscellaneous petitions, if any, pending shall stand closed. _______________ K. SUJANA, J Date: 17.07.2026 YVL

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