- ^ 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 1046 OF 2024 Between: V. Bhavya, D/o. V. Devarajulu, aged 29 years, R/o. D. No. 20-4-34/30, Subbareddi nagar, Kothapalli, Akkarampalli, Tirupati. ...Petitioner / Accused No.4 AND 1. LV Saisreeja, W/o. V. Jaswanth, Aged 30 years, R/o. Padmavathi Nagar, Tirupati Town and Mandal, Tirupati District. ...De-facto Complainant 2. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent Revision filed under Section 438 & 443 of BNSS, Old Provision 397 & 401 of Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to against the order dt.07.10.2024 passed in CrI.M.P.No. 1556/2024 in C.C.No. 46/2024 on the file of IV Additional Civil Judge (Junior Division) Cum IV Addl. Judicial Magistrate of I Class, Tirupati. lA NO: 2 OF 2024 vP^pon under Section 528 of BNSS (Old Provision U/s 482 of Cr.P^^ prying that in the circumstances stated in the affidavit filed in supP^^L^he petition, the High Court may be pleased to stay of all further . proceedings including the appearance of the petitioner in C.C.No.46/2024 on the file of IV Additional Judicial Magistrate of I Class, Tirupati. T Counsel for the Petitioner: SRI D. PURNACHANDRA REDDY Counsel for the Respondent No.1: SRI K.V. RAGHU VEER Counsel for the Respondent No.2: PUBLIC PROSECUTOR The Court made the following: APHC010469582024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 1046/2024 Between: ...PETITIONER V. Bhavya AND ...RESPONDENT(S) LV Saisreeja and Others Counsel for the Petitioner: 1. D PURNACHANDRA REDDY Counsel for the Respondent(S): 1.KVRAGHU VEER 2. PUBLIC PROSECUTOR The Court made the following: 2 ORDER: This Criminal Revision Case was filed by the petitioner herein/accused No.4, against the Order dated 07.10.2024 passed in Crl.M.P.No.1556 of 2024 in Calendar Case No.46 of 2024 by the learned IV Additional Civil Judge (Junior Division)- cum-IV Additional Judicial Magistrate of First Class, Tirupati (for brevity ‘learned trial Judge’) dismissing the petition filed under Section 451 of the Code of Criminal Procedure, 1973 (for brevity ‘CrPC’) for interim custody of the Passport of the petitioner herein/accused No.4 to travel abroad for her employment. Brief averments of the petition, are as follows; (a) Accused No.1 is the husband of the respondent No.1 herein/c/e facto complainant. Accused Nos.2 and 3 mother and father, and petitioner herein/accused No.4 is sister, of accused No.1. A case in Crime No. 125 of 2023 of Disha Women Police Station, Tirupathi was registered against accused Nos.1 to 4 for the offences punishable under Sections 498A and 506 of the Indian Penal Code, 1860 (for brevity ‘IPC’) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for brevity ‘the DP Act'). 2. are 3 It is the specific allegation against the petitioner herein/accused No.4 that she came to India from London in the month of October and subjected the respondent No.1 herein/ de facto complainant to both physical and mental harassment and was alleged to have demanded a sum of Rs.20.00 lakhs towards construction of a house and when the respondent No.1 herein/de facto complainant expressed her inability, they all alleged to have threatened her with dire consequences. It was further alleged that since the date of return of the petitioner herein/accused No.4 from abroad, all the accused were alleged to have humiliated the respondent No.1 herein/de facto complainant, harassed and consequences. The said offence was taken cognizance by the learned IV Additional Civil Judge (Junior Division)-cum-IV Additional Judicial Magistrate of First Class, Tirupati as Calendar (b) were threatened her with dire Case No.46 of 2024 During pendency of the case proceedings before the learned trial Judge, the petitioner herein/accused No.4 filed petition vide Crl.M.P.No.1556 of 2024 under Section 451 CrPC, seeking interim custody of her Passport, to travel abroad for her employment. (c) 4 3. The respondent herein/State filed counter contending that the petitioner herein/accused No.4 is not doing any job in the United Kingdom and if, the petitioner succeeds her attempts to repossess her passport, she would go to the United Kingdom and would not return to India, and it would be highly difficult to secure her presence. Hence, prayed to dismiss the petition. in 4. After hearing and examining the material placed record by both parties, the learned trial Judge dismissed the Crl.M.P.No.1556 of 2024 vide Order, dated 07.10.2024 holding that the petitioner herein/accused No.4 is seeking interim custody of the passport in order to join in her duty in the United Kingdom and if she is allowed to travel abroad for the purpose of job, securing her presence before the Court for further proceedings is not possible. Aggrieved by the said Order, the present Criminal Revision Case has been filed. on 5. Learned counsel for the petitioner herein/accused No.4 would contend that the petitioner got permanent abode in India and she got movable and immovable properties in India and question of her fleeing away from the case proceedings does not arise. 5 Learned counsel for the respondent No.1 herein/ 6. de facto complainant would contend that the petitioner herein/ accused No.4 had played main role in harassing the respondent No.1 herein/de facto complainant and she instigated the accused No.1. If the petitioner herein/accused No.4 is permitted to leave to the United Kingdom, she would not return to India and her presence could not be secured in the case proceedings pending before the trial Court. Heard both sides. Perused the material on record. 7. A perusal of contents of the report goes to show 8. that the respondent No.1 herein/de facto complainant lodged a report vide Crime No.125 of 2023 of Disha Women Police Station against the petitioner herein/accused No.4 and other accused, who are husband and in-laws of the respondent No.1 herein/de facto complainant. A perusal of the contents of the report further goes to show that certain allegations were leveled as against the petitioner herein/accused No.4 that she was alleged to have instigated the accused No.1 to harass the respondent No.1 herein/de facto complainant. A perusal of material on record goes to show that the petitioner herein/accused No.4 started working in Concentrix 9. 6 Europe Limited from 17*^ October. 2023 on a regular contract an Advisor I, Customer Service. Indisputably, the petitioner herein/accused No.4 is the sister of accused No.1 and daughter of accused Nos.2 and 3. Truth or veracity of the allegations leveled as against the petitioner herein/de facto complainant cannot be gone into at this stage, until and unless oral and documentary evidence is adduced by both parties. as 10. Indeed, the respondent No.1 herein/de facto complainant though contended that the petitioner herein/ accused No.4 is not doing any job in the United Kingdom, she concedes that she would not return to India if the Passport given for interim custody. Apparently, as can be seen from the material on record, the petitioner herein/accused No.4 is working in the United Kingdom and if she is not granted interim custody of her Passport to travel abroad, there is every chance or likelihood of losing her employment, which leads to financial crisis. Therefore, having regard to the facts and circumstances of the case, the petitioner herein/accused No.4 is granted interim custody of her Passport subject to certain conditions. IS The petitioner herein/accused No.4 is granted interim custody of her Passport on executing personal bond for a 11. 7 sum of Rs. 1,00,000/- (Rupees one lakh only) with two sureties for a likesum to the satisfaction of the learned IV Additional Civil Judge (Junior Division)-cum-IV Additional Judicial Magistrate of First Class, Tirupati. The petitioner herein/accused No.4 shall give an Undertaking that she shall make herself available as and when directed by the learned trial Judge and shall furnish the residential and official address particulars, including her contact details and valid identity provided by the Country, concerned, where she is presently working. 12. With the above conditions, this Criminal Revision Case is allowed. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Revision Case shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// ' SECTION OFFICER 1. The IV Additional Civil Judge (Junior Division) Cum IV Additional Judicial Magistrate of I Class, Tirupati. (with records if any) 2. The Station House Officer, Disha Women Police Station, Tirupati. 3. One CC to Sri. D. Purnachandra Reddy, Advocate [OPUC] 4. One CC to Sri. K.V. Raghu Veer, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] 6. The Section Officer, Criminal Section, High Court of Andhra Pradesh. 7. Three CD Copies To. PR sree HIGH COURT DATED:13/02/2025 ORDER CRLRC.No.1046 of 2024 * 13 MAR 2025 ^ . Current Section . ALLOWING THE CRLRC