1 APHC010590722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11458/2025 Between: 1. BH LAKSHMI SABARINATH, S/O. BH.S.S.K.SARMA,AGED ABOUT 43 YEARS, OCC BUSINESS AND PROPERTIES,R/O. FLAT NO.204, CHEBROLU TOWERS, KOMMU VARI STREET,SATYANARAYANAPURAM, VIJAYAWADA, KRISHNA DISTRICT. ...PETITIONER/ACCUSED AND 1. BANDARU SRINIVASA RAO, S/O. RAGHAVAIAH,AGED ABOUT 57 YEARS, OCC BUSINESS,R/O. D.NO.3-553/2 VUMDAVALLI,TADEPALLI, GUNTUR DISTRICT. 2. BANDARU LAKSHMI PADMAVATHI, W/O. SRINIVASA RAO AGED ABOUT 50 YEARS, HOUSE-WIFE R/O. D.NO.3-553/2 VUMDAVALLI,TADEPALLI, GUNTUR DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR,HIGH COURT OF A.P., AMARAVATI. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. NARASIMHA RAO GUDISEVA Counsel for the Respondent/complainant(S): 1. MAKIREDDY MANOJ 2. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11458 of 2025 ORDER: The instant criminal petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner, against the order dated 10.10.2025 passed by the II Special Magistrate, Vijayawada, in Crl.M.P.No.581 of 2025 in C.C.No.59 of 2025. 2. Heard Sri Narasimha Rao Gudiseva, learned counsel for the Petitioner and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State and Sri Manoj Makireddy, learned counsel appearing on behalf of respondent Nos.1 and 2. 3. Learned counsel for the petitioner would submit that the learned Trial Judge, without imposing any conditions, permitted the respondents/accused to leave the country. Therefore, the said order is liable to be set aside. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 5. Considering the submissions made and upon perusal of the impugned order, it is evident that the learned Trial Judge, while granting permission to the respondents/accused, did not choose to impose any conditions to ensure their presence before the Court during the trial. The order is also vague in stating that, for a period of six months and twenty days, the petitioners may pursue the matter in their behalf by their counsel and that, upon furnishing an undertaking, they may leave the country for the said period of six months and twenty days. 6. It is submitted by the learned counsel appearing on behalf of respondents 1 and 2 that they have not yet booked their tickets and intend to 3 travel to Australia for two months. However, the fact remains that the travel schedule of the respondents has not been placed before the Court, and the Court did not choose to ask such particulars from the party. 7. In view of the aforesaid facts and circumstances of the case, the interference of this Court is warranted. Accordingly, the order dated 10.10.2025 in Crl.M.P.No. 581 of 2025 in C.C. No.59 of 2025 passed by the learned II Special Magistrate, Vijayawada, is hereby set aside. In that view, respondents 1 and 2 may leave the country, and there is no objection to that. However, the learned Judge is directed to impose suitable conditions to ensure their presence in the case. The respondents/accused shall furnish their travel schedule to the Court, specifying the dates of departure and return. Upon receiving such information, the learned Judge may take the matter on call and impose appropriate conditions to secure their presence during the Trial. The learned trial Judge is directed to dispose of the case as expeditiously as possible without granting adjournments in a casual manner upon mere asking. 8. Accordingly, the Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 06.11.2025 ASR 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11458 of 2025 Dated.06.11.2025 Asr