Telangana High Court

CRLRC/914/2025 of Kantham Swaroopa Vs State of Telangana on 11 December 2025

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THE ELEVENTH DAY oF DECEIVIEER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE JUVVADI SRIDEVI t.A NO.3 0F 2025 IN/AND CRIMINAL REVISION CASE NO:914OF 2025 Criminal Revision Case filed under Section 397 and 40 l of CrPC to set aside the Judgment dated 13.10.2025 made in CRLP

[32s7 I

THURSDAY, THE ELEVENTH DAY oF DECEIVIEER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE JUVVADI SRIDEVI

t.A NO.3 0F 2025

IN/AND

CRIMINAL REVISION CASE NO:914OF 2025

Criminal Revision Case filed under Section 397 and 40 l of CrPC to set aside the Judgment dated 13.10.2025 made in CRLP MP No 3249 of 2025 in PRC No. 2612025 (arising out of Crime No.182 of 2025, PS Bahadurpura) on the fi{e of the court of the Special Judicial First Class Magistrate For Excise Cases.

Hyderabad.

Between :

Kantham Swaroopa, Wo. Late Ashok Kumar, Aged about 58 years, Occ. Attender in High Court, Fl/o H. No. 19-547918,1211, Nm Guda, Kishan Bagh, Bahadurpura, Hyderabad.

... Petitioner/Defacto ComplainanUOwner of Property in l.A No. 3 of 2O25

AND

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

State of Telangana, Throug

Prosecutor, High Court of T

h P.S. Bahadurpura. Hyderabad Rep. by its Public elangana.

...Respondent in l.A No. 3 ot 2025

2. Metapally Satyanarayna Chary, S/o. Late Mettapaly Raju Chary, Aged about 22yea$, Occ. Worker in Cloth Shop R/o H. No. 19-5-49711212. NM Guda Kishan Bagh, Hyderabad.

...RespondenUAccused in l.A No. 3 of 2025

(Respondent No.2/Accused is not a necessary party to the present Petition)

lA NO: 2 OF 2025:.

Petition under Section 528 of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the docket order dated 13.1O.2025 in CRLP MP No.3249 of 2025 in PRC No. 2612025 (arising out of Crime No 182 of 2025. PS.

Bhadhurpura) on the file of the Special Judicial First Class Magistrate For Excise Cases, Hyderabad to the limited extent of imposing a conditicn requiring the petitioner to furnish personal bond for a sum of Rs.3.00,0001 with one surety for release of the petitioners property- gold bead ch ain/mang alsutra.

lA NO: 3 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to permit the Petitioner to amend the prayer in the above Criminal Revision Case by replacing the existing main prayer with the following. "lt is humbly prayed that this Hon'ble Court may be pleased to set aside the docket order dated 13 10 2025 in CRLP MP No. 3249 ol 2025 in PRC No.26/2025

(arising out of Crime No 182 of 2025, PS.Bahadurpura) on the file of the Special Judicial First Class ltilagistrate For Excise Cases. Hyderabad to the limited extent of modifying the condition imposed in respect of furnishing personal bond for a sum of Rs. 3.00,000/-with one surety for release of the Petitioner's property - gold bead chain / mangalsutra to furnishing personal bond for a sum of Rs.

5,0001 with one surety for release of the Petitioner's property - gold bead chain /

mangalsutra.

Counsel for the Petitioner : Sri Zainab Khan Counsel for the Respondent No.1: Additional Public Prosecutor Counsel for the Respondent No.2: - - - The Court made the following : ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAD

THE HONOURABLE SMT. JUSTICE JUWADI SRIDEVI

CRIMINAL REVISION CASE No.914 ot 2025

DATED: 11th DECEMBER

Between:

Kantham Swaroopa

...Petitioner

AND

State of Telangana, through P.S. Bahadurpura, Hyderabad, rep. by its Public Prosecutor and Another

...Respondents

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ORDER:

This Criminal Revision Case is filed by the petitioner-de facto complainant-owner of the property seeking to set aside the Docket Order, dated 13j0.2025 in Crl.M.P.No.3249 of 2025 in P.R.C.No.26 of 2025 (arising out of Crime No.182 of 2025 of P.S. Bahadurpura) on the file of Special Judicial First Class Magistrate For Excise Cases, Hyderabad, to the extent of modifying the condition imposed in respect of furnishing personal bond for a sum of Rs.3 Lakhs with one surety for release of the petitioner's property, the petitioner further filed l.A.No.3 ot 2025 praying to furnish personal bond of Rs.5,0001 in the place of Rs.3 Lakhs, with one surety for release of the petitioner's property i.e. Gold Bead Chain/Mangalsutra. LA.Nos.3 of 2025 ln/and

Heard the learned counsel for the petitioner and learned Additional Public Prosecutor,

3. Learned counsel for the petitioner submitted that the petitioner is a old aged widow and hails from economically weaker back ground and she cannot afford a huge deposit of Rs.3 Lakhs for return of her own Mangalsutra and that the learned Magistrate failed to consider the weak financial position of the petitioner, hence she prayed for allowing the Criminal Revision as well as the above lnterlocutory Application.

4. Learned Additional Public Prosecutor reported no objection for returning the property i.e Gold Bead Chain/Mangalsutra and sought for furnishing of personal bond by the petitioner for a reasonable amount and left it to the discretion of the Court to pass appropriate orders.

5. Having heard both the learned counsel and on perusal of the material available on record, the ownership of the property is not in dispute and it is the case of the petitioner that she cannot afford a huge deposit of Rs 3 Lakhs for her own Mangalsutra. Therefore, considering the facts and circumstances of the case and poor financial condition of the petitioner, this Court is of the considered opinion that the condition imposed by the trial Court in respect of furnishing personal bond for a sum of Rs.3 Lakhs with one surety can be modified to furnishing personal bond for a sum of Rs.5,000.00 with one surety for release of property i.e. Gold Bead Chain/Mangalsutra.

6. With the above observations, this Criminal Revision Case as well as lnterlocutory Application are disposed of. Pending miscellaneous applications, if any, shall stand closed //TRUE COPY// SD/. MOHD. ISMAIL DEPUTY REGISTRAR S TION OFFICER 'o'r. -rn" Soecial Judicial First crass Magistrate For E-xcise cases. Hyderabad. ;, i;; "sTr"tffi H-.i,t" otti."i aihaduipura-Po]ce station' Hvderabad : o"" cC to Sri Zainab Khan. Advocate [OPUC]

4. Two ccs to the Public Prosecutor, High court for the state of Telangana' at* Hyderabad [OUT]

5. Two CD CoPies Svsi I)S [- M

HIGH COURT DATED:1 111212025

ORDER

t.A NO.3 0F 2025 IN/AND CRLRC.No.914 of 2025 () DISPOSING OF THE I.A NO.3 OF 2025 IN/AND CRLRC.No.914 of 2025 1 nE SfA O 2 0 JAN itl26 t ,- j-:)/:'re!,r.y t) \b \ (jhM

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