Telangana High Court

CRLRC/820/2025 of Mukka Jaya Krishna, Vs The State of Telangana, on 12 November 2025

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SMT. JUSTICE JUWADI SRIDEVI CRIMINAL REVISION CASE NO:820 F 2025 Revision Case under Section 438 and 442 of B.N.S.S. against the order dated 2B-1O-2OZS

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

WEDNESDAY, THE TWELFTH DAY OF NOVEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HON'BLE SMT. JUSTICE JUWADI SRIDEVI

CRIMINAL REVISION CASE NO:820

F 2025

Revision Case under Section 438 and 442 of B.N.S.S. against the order dated 2B-1O-2OZS passed in Crl.M.P.No.765 of 2025 in Crl.Appeal No.71 of 2025 in

CC.No.20g of 2017 on the file of the Court of the Sessions Judge at Nizamabad.

Between:

Mukka Jaya Krishna, S/o. Jagadhishwar Rao, Age: 38 years, Occ: Business in Electrical lProprietor of sapthagiri Electricals), R/o. H.No.7-7-52, Near Kavya Mess' Kumargally' Nizamabad'

...petitioner/AppeilanuAccused

AND

Counsel for the Petitioner: Mr. C. Sharan Reddy counsel for the Respondent No.1: Mr. M. Ramachandra Reddy, Additional Public Prosecutor Counsel for the Respondent No.2: None Appeared The Court made the following: ORDER

The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana, at HYderabad.

Uppu Santhosh, S/o. Gangaram, Age: 45 years, Occ: Business, R/o. H.No.S- 6-43, Opp: Deepa Hospital, Dwarkanagar, Nizamabad

... Res po n de nts/Res po n de nts/Com pla i nant :

I

THE HON'BLE SMT. JUSTICE JUWADISRIDEVI

CRIMINAL REVISION CASE No.820 of 2025

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ORDER:

Challenging the order, dated 28.1O.2025 passed in CrlM.P.No.765 of 2025 in Crl.A.No.71 ot 2025 in C.C.No.209 ot 2017 by the learned Sessions Judge at Nizamabad, the petitioner- appellant accused filed this revision. By the impugned order, the petition filed by the petitioner under Section 389 (1) of Cr.P.C., was allowed and the sentence of imprisonment ahd fine amount was suspended till the disposal of the appeal, subject to the petitioner depositing 20% of the fine amount before the trial Court.

2. Heard Mr. C.Sharan Reddy, learned counsel for the petitioner and Mr. It/.Ramachandra Reddy, learned Additional Public prosecutor for respondent No.1-State. Perused the record. il t

3. Learned counsel for the petitioner submitted that the petitioner is not financiallv stable to deposit 20o/o ot the fine amount. ln this regard, he placed reliance on the judgment of the Apex Court in Jambu Bandari v. Madhya Pradesh State lndustrial Development Corporation Limitedl , wherein, it is held that if the Court is satisfied that the condition of deposit of 2Qo/o of compensation amount will be unjust or imposing such a condition will amounr to deprivation of the right of appea! of the appellant, ' zoz: (ro) scc qqe I I i : : I i i i i I i I I I I i I I I

exception can be made for the reasons specifically recorded. Hence, he prayed to attow the petition.

4. Learned Additional Public Prosecutor reported no objection.

5. Considering the submissions made by the learned counsel for the petitioner that the petitioner is financially not stable to deposit 2Oo/o of the fine amount, this Court is inclined to reduce the compensation amount from 20o/o to 10% to be deposited by the petitioner.

6. Accordingly, this Criminal Revision Case is allowed, directing the petitioner to pay the fine amount @ 10o/o on total amount of Rs.10,40,000/- (Rs.10,40,000/- x 1Oo/o = 1,04,000/-) in C.C.No.209 of 2017, within a period of fifteen (15) days, from the date of this order. Miscellaneous application pending , if any, shall stand closed SD/. N.SRIHARI DEPUW REGISTRAR //TRUE COPY// SECTION OFFIGER G To,

1. The Sessions Judge at Nizamabad.

2. Two CCs to the puOtic Prosecutor, High Court for the State of Telangana at Hyderabad. tOUTI

3. Ohe CC to Mr. C. Sharan Reddy, Advocate [OPUC]

4. Two CD CoPies Kam/PSL \qr i I i i i I I! !! ! I I t I i II L Ii ! i i :

\ \ HIGH COURT DATED :1211112025

ORDER

CRLRC.No.820 of 2025 ALLOWING THE CRLRC t r) 1? r) )> $r0l| M -k * r'\ 4{ a^rl6"4 ,W

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