APHC010686732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] SATURDAY, THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 13086/2025 Between: TIRUMALARAJU ROHIT VARMA,, S/O T.S GOPALA RAJU, AGED ABOUT 26 YEARS, R/O D.NO. 58-9-94/1, SIRIDIPURAM, NEW KARASA, NAD, VISAKHAPATNAM. ...PETITIONER/ACCUSED No.3 AND THE STATE OF ANDHRA PRADESH, Rep. by its Station House Officer, Airport Police station, Visakhapatnam, through its Public Prosecutor, High Court of A.P, Amaravati, Guntur District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: CKR ASSOCIATES Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.13086 of 2025 Dated 20.12.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Section 483(1)(b) read with 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), seeking modification of the condition No.(iii) at Para No.6 imposed on the petitioner/Accused No.3 vide order dated 07.10.2025 in Crl.M.P.No.2034 of 2025 in Crime No.71 of 2023 of Airport Police Station, Visakhapatnam Commissionerate, passed by the learned Special Judge for Trial of Cases under Banning of Unregulated Deposit Schemes, 2019-cum-Principal District & Sessions Judge, Visakhapatnam. 2. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. The Petitioner/Accused No.3 is working as a Chef in Canada. He is a passport holder. The petitioner’s work permit in Canada is valid up to 02.11.2026 and his passport is valid up to the year 2030. He is alleged to have committed the offences punishable under Sections 420 and 406 of the Indian Penal Code, 1860, Section 5 of the Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999, and Sections 21(1), (2) and (3) of the Banning of Unregulated Deposit Schemes Act, 2019, in Crime No.71 of 2023 of Airport Police Station. 3 Dr. YLR, J Crl.P.No.13086 of 2025 Dated 20.12.2025 4. The learned Special Judge for Trial of Cases under the Banning of Unregulated Deposit Schemes Act, 2019-cum-Principal District & Sessions Judge, Visakhapatnam, vide order dated 07.10.2025 passed in Crl.M.P.No.2034 of 2025, observed at paragraph No.5 that the Petitioner/Accused No.3 had not received any amount from the de-facto complainant and, therefore, he was granted anticipatory bail. 5. The petitioner is aggrieved by Condition No.(iii) imposed at paragraph No.6, that the petitioner/Accused No.3 shall not leave India without the permission of the Trial Court. The said condition is sought to be slightly modified, inasmuch as the petitioner is required to attend his employment in Canada, and in that regard he was issued a warning notice mandating his return to work within 30 days from 04.12.2025. If the petitioner fails to report for duty in Canada, he would lose his job, thereby depriving him of his livelihood. Therefore, there is a need to balance the protection of the petitioner’s livelihood, which is guaranteed under Article 21 of the Constitution of India, while also ensuring the presence of the petitioner before the learned Trial Court. 6. The order dated 07.10.2025 in Crl.M.P.No.2034 of 2025 in Crime No.71 of 2023 of Airport Police Station, Visakhapatnam, passed by the learned Special Judge for Trial of Cases under the Banning of Unregulated Deposit 4 Dr. YLR, J Crl.P.No.13086 of 2025 Dated 20.12.2025 Schemes Act, 2019-cum-Principal District & Sessions Judge, Visakhapatnam, against the Petitioner/Accused No.3 is hereby slightly modified as under: (iii) The petitioner is permitted to leave India for the purpose of his employment in Canada, and he shall make himself available before the learned Trial Court or the Investigating Officer as and when required, and shall co-operate with the further investigation and assist the learned Trial Court for completion of the trial. 7. In the result, the Criminal Petition is partly allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 20.12.2025 Note: Issue C.C. by 22.12.2025 B/o PRA