Telangana High Court
CRLRC/883/2025 of Dasari Manohar Vs The State of Telangana, on 9 December 2025
Section 438 and 442 of BNSS aggrieved by the docket order dated 17-11-2025 passed in crl.M.P.No.969 of 2o2s in cc No.1477 of 2021 on the file of the court of the V Additional Junior civil Judge-cum-V Additional Judicial Magistrate of First Class at Nizamabad. Between: Dasari Manohar, S/o
132s71
Revision Case under Section 438 and 442 of BNSS aggrieved by the docket order dated 17-11-2025 passed in crl.M.P.No.969 of 2o2s in cc No.1477 of 2021
on the file of the court of the V Additional Junior civil Judge-cum-V Additional Judicial Magistrate of First Class at Nizamabad.
Between:
Dasari Manohar, S/o Dasari Pedda Naraiah, Age. 32 years, Occ. Agriculture, Fl/o H.No.2-1 15/2, Yanampally Village, Dichpally Mandal, Nizamabad District.
AND
... petitioner/Accused No.5
1. The State of Telangana, Rep by Public prosecutor, High Court for the State of Telangana, Hyderabad.
2. Embari Gangadhar @ Bheemanna, S/o Sailoo, Age: 3g years, Occ:
Agriculture, F/o H.No.3-96, Yanampally, Dichpally, Nizamabad District.
cause Tifle amended as per court order dated .r-1;::3[0,';":il,ffiT?;1"r:"
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
TUESDAY, THE NINTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HON'BLE SMT. JUSTICE JUWADI SRIDEVI
CRIMINAL REVISION CASE NO: 883 OF 2025
lA NO: 2 OF 2025
Counsel for the Petitioner: Sri N. Srushman Reddy Counsel forthe Respondent No.1: Sri M. Ramachandra Reddy, Additional Public Prosecutor Counsel for the Respondent No.2: None Appeared The Court made the following: ORDER
Petition under Section 438 (1) of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Cou( may be pleased to permit the petitioner to travel abroad for employment pending disposal of the Criminal Revision Case.
IN THE HIGH COURT FOR THE STATE OF TEI..ANGANA
AT HYDERABAD
THE HON'BLE SMT. JUSTICE JUWADI SRIDEVI
CRIMINAL REVISION CASE No.883 of 2025
OgTH oEcEMBER, 2025
Between:
Daqari l\Ianohar
Petitioner
AND
The State of Telangana
Rep. through Public Prosecutor and 1 other.
Fiespondents
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ORDER:
This criminal Revision case is filed by the petiticner/accused No.5 seeking to set aside the order dated 17.'l 'l .2025 passed ir crl,M.p.No.969 of 2025 in c.c.No.'1477 of 2021 passed by the learned v Arlclitional Junior civit Judge-cum-v Additional Judicial Magistrate of First class at Nizamabad by permitting the petitioner to travel abroad for employmer t in the interest of justice
2. Heard Sri N.Srushman Reddy, learned counsel for petitioner, and sri [/.Ramachandra Reddy, learned Additional pub]ic prosecutor for the State. Perused the record.
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3. Learned counsel for the petitioner submits that the trial Court erred in mechanically concluding that granting permission to travel abroad 'would delay trial', without appreciating that the petitioner sought limited, time-bound supervised travel and assured attendance on each scheduled date. The petitioner's employment abroad is his only source of livelihood. Denial of permission directly affects his right to life under Article 21 of the Constitution of lndia. He further submits that the case is only at the stage of examination under section 239 Cr.P.C. The petitioner's presence is not required daily. He submits that if the petitioner is not present at the earliest he will be terminated and his family will be on roads. Hence, prayed to allow the criminal revision case.
4. Learned Additional Public Prosecutor for the State submitted that there are specific allegations against the petitioner and submits that the petitioner's presence cannot be secured, if he is permitted to fly abroad. However, he fairly submits that he may be permitted to fly subject to examination under section 239 Cr.P.C. and upon imposing condition that the petitioner would appear for trial, as the truth or otherwise would come out only after conducting full-fledged trial.
5. ln view of the submissions, as the petitioner/accused No'5 is employed at Dubai, there is dire necessity for the petitioner/accused ) No.5 to travel to Dubai to join his job, which is his source of livelihood, failing which he would lose his job. Hence, this Coul is inclined to direct the learned trial Court to fix a date to conduct exanrination of accused under section 239 Cr.P.C. on or before 19.12.2025. On such examination, the petitioner is at liberty to file an application to travel abroad, which the learned trial Court shall consid:r by permitting the petitioner to travel abroad for employment upon imposing necessary conditions and obtaining undertaking from the petitic,ner to attend before the Court during the course of trial.
With the above direction, this Criminal Revision Case is disposed of As a sequel, pending miscellaneous applicatiors, if any, shall stand closed To, kam n Sd/. N. SRIHARI I,EPUTY REGISTRAR //TRUE COPY// L-,- SECTION OFFICER The V Additional Junior Civil Judge-cum-V Additional Jtrdicial Magistrate of First Class at Nizamabad. The Station House Officer, Dichpally Police Station, Nizz nrabad District Two CCs to the Public Prosecutor, High Court for the litate of Telangana at Hyderabad. [OUT] One CC to Sri N Srushman Reddy, Advocate [OPUCI Two CD Copies
HIGH COURT DATED:0911212025 ,--=-= - - ., -rF{g" ' ' "t . "'il $ t \ ,3 \.- ; -\ ;.;l:-r .Ea. i.'-
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ORDER
CRLRC.No.883 of 2025 DISPOSING OF THE CRLRC I 5v \ ri :\ c-i.'. ,.j, !; i I I i I