APHC010337712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI U. FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7042 OF 2025 Between: Kolagani Swamy, S/o Suryanarayana, Aged about 34 years, Private Employee, R/o Bonthu Street, Narsipatnam, Narsipatnam Mandal, Anakapalli District. ...Petitioner/Accused No.1 AND 1. The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. Through, Station House Officer, Routhulapudi Police Station, Routhulapudi, Kakinada District. Kolagani Bhagya Sri, W/o Swamy, aged about 28 years, R/o M.R.Peta Tuni Town and Mandal, East Godavari District. 2. ...Respondents/R-2 is Defacto Complainant in C.C No.233/2023 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to allow the present Criminal petition by directing the Respondent Police to release the passport pertaining to the Petitioner herein bearing No.B9017294 surrendered in C.C.No.233 of 2023 in Crime No. 29 of 2023 of Annavaram P.S. (Routhulapudi P.S.) Kakinada District pending the file of Judicial First Class Magistrate Court, Tuni, East Godavari District. on lA NO: 1 OF 2025 Petition under Section and 528 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to pass an interim order by directing the 1®* Respondent Police- Ro to release the passport pertaining to the Petitioner herein bearing No.B9017294 surrendered in C.C.No.233 of 2023 in Crime No. 29 of 2023 of Annavaram P.S. (Routhulapudi P.S.) Kakinada District pending on the file of Judicial First Class Magistrate Court, Tuni, East Godavari District pending disposal of the main Criminal Petition on the file of this Hon'ble Court. Counsel for the Petitioner: Sri Chandra Sekhar llapakurti Counsel for the Respondent No.1 : Assistant Public Prosecutor The Court made the following order: r- APHC010337712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) It [3457] ss FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7042/2025 Between: 1.KOLAGANI SWAMY, S/0 SURYANARAYANA, AGED ABOUT 34 YEARS, PRIVATE EMPLOYEE, NARSIPATNAM, NARSIPATNAM DISTRICT. R/0 BONTHU STREET, MANDAL, ANAKAPALLI ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. THROUGH, STATION HOUSE OFFICER ROUTHULAPUDI ROUTHULAPUDI,KAKINADA DISTRICT. 2.KOLAGANI BHAGYA SRI, W/0 SWAMY, AGED ABOUT YEARS, R/0 M.R.PETA TUNI TOWN AND MANDAL, EAST GODAVARI DISTRICT. POLICE STATION, 28 ...RESPONDENT/COMPLAINANT{S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High CourtPleased to pass an interim order by directing the 1st Respondent Police- Ro to release the passport pertaining to the Petitioner herein bearing No.B9017294 surrendered in C.C.No.233 of 2023 in Crime No. 29 of 023 of Annavaram P.S. (Routhulapudi P.S.) Kakinada District pending on the file of Judicial First 2 m Class Magistrate Court, Tuni, East Godavari District pending disposal of the main Criminal Petition on the file of this Honble Court in the interests of justice and pass lA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to pass an interim order by directing the 1st Respondent Police- Ro to release the passport pertaining to the Petitioner herein bearing No.B9017294 surrendered in C.C.No.233 of 2023 in Crime No. 29 of 2023 of Annavaram P.S. (Routhulapudi P.S.) Kakinada District pending on the file of Judicial First Class Magistrate Court, Tuni, East Godavari District pending disposal of the main Criminal Petition on the file of this Hon'ble Court in the interests of justice and pass Counsel for the Petitioner/accused: 1.CHANDRA SEKHAR ILAPAKURTI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following; 3 rv THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7042 of 2025 ORDER:- Heard the learned counsel appearing for the petitioner and the learned Assistant Public Prosecutor appearing for the State. The learned counsel for the petitioner submits that the petitioner aggrieved by the order passed by the Judicial Magistrate of First Class, 2. Tuni in Crl.M.P.No.29 of 2025 in C.C.No.233 of 2023 to the extent of directing the petitioner to surrender his passport and not to leave India filed the present petition. The petitioner was remanded to judicial custody after execution of non bailable warrant against him. The petitioner is facing trial for the offence under Sections 498-A, 354-A and 506 r/w 34 I PC and Sections 3 and 4 of D.P. Act. The learned Magistrate had granted bail to the petitioner subject to furnishing self bond for Rs.25,000/- with two sureties for a like sum each and further directed the petitioner to surrender his passport and not to leave the country. The learned counsel for the petitioner further submits that the petitioner was residing in Oman and on account of his non-appearance, non bailable warrant was issued against him. Subsequently, it was executed the moment he landed in India at the Shamshabad Airport. The learned counsel for the petitioner further submits that the petitioner would have to report back to the employer at Oman and 4 undertakes to appear before the Magistrate as and when the petitioner is required. 3. Considering the submissions of learned counsel for the petitionerand the learned Assistant Public Prosecutor appearing for the State, the order in Crl.M.P.No.29 of 2025 in C.C.No.233 of 2023 is modified to the extent of surrender of the passport of the petitioner is concerned. The learned Judicial Magistrate of First Class, Tuni, to return the passport of the petitioner bearing No.B9017294 subject to the petitioner submitting a detailed itinerary of his proposed travel. The petitioner shall undertaking to the trial Court to also give an appear as and when required for the purpose of trial and as directed by the learned Magistrate. 4. Accordingly, this Criminal Petition is disposed off. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER The Judicial First Class Magistrate Court, Tuni, East Godavari District 2. The Station House Officer, Routhulapudi Police Station, Kakinada District. 3. One CC to Sri Chandra Sekhar llapakurfi, Advocate [ - 4. Two CCS to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 5. Three CD Copies To. 1. Routhulapudi, [OPUC] Stu sree HIGH COURT DATED:11/07/2025 ORDER CRLP NO. 7042 OF 2025 Jr HJUL 2025 , Co JsCliireivIStclioi^*^ '-'Sessessi^^ DISPOSING OF THE CRIMINAL PETITION