APHC010582002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11349/2025 Between: 1. NASINA KARTHIK, S/O. SUBBA RAMAIAH,AGED ABOUT 22 YEARS,R/O.LLLAKURUPADU VILLAGE,KOTA MANDAL, TIRUPATI DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep. by Public Prosecutor For the State of Andhra Pradesh,High Court of Andhra Pradesh at Amaravathi. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. C SUBODH Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 Dr. YLR, J Crl.P.No.11349 of 2025 Dated 09.02.2026 ORDER: The Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,’)/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) seeking permission for the Petitioner/Accused No.3 to go abroad for pursuing higher studies, by quashing the orders passed by the learned Judicial Magistrate of First Class, Kota (for brevity, ‘the learned Trial Court’) in Crl.M.P.No.85 of 2025 in CC.No.1 of 2023, dated 22.10.2025, for the alleged offences punishable under Sections 354, 324 and 323 read with 34 of the Indian Penal Code, 1860 (for brevity, ‘the IPC’). 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. On perusal of the record, it can be gleaned that based on the complaint lodged by the de-facto complainant, the police registered a case in Cr.No.129 of 2021 of Kota Police Station for the alleged offences punishable under Sections 354, 324 and 323 read with 34 of ‘the IPC’ against the petitioner and nine others, who are family members and relatives of the petitioner/Accused No.3. After investigation, the police filed a charge sheet against the petitioner and the other accused. 4. Even as per the averments in the charge sheet, the petitioner was merely present at the scene of offence and allegedly beat LW.2. There are no 3 Dr. YLR, J Crl.P.No.11349 of 2025 Dated 09.02.2026 specific allegations against the petitioner that he outraged the modesty of LW.2, who was aged about 50 years at the time of the alleged offences. 5. The learned counsel for the petitioner submits that the petitioner has secured admission in Bird Aviation, Johannesburg, South Africa, for undergoing pilot training. An offer letter was issued by Bird Aviation, to which the petitioner has given his acceptance and has commenced training. The course is for a period of two years. The petitioner is a B.Tech graduate who passed with first class in distinction. 6. It appears that, as per the charge sheet, certain disputes exist between the petitioner and other accused on one side, and the de-facto complainant and other prosecution witnesses on the other. Though the petitioner, in his petition before ‘the learned Trial Court’, did not furnish the details of the place where he intends to go and the purpose thereof, the learned counsel for the petitioner has reiterated that the petitioner is required to undergo training at Bird Aviation, Johannesburg, South Africa, towards his academic advancement. 7. The learned Trial Court, in the impugned order, observed that if the petitioner is permitted to go abroad, his presence cannot be secured easily, the trial would be stalled, and there was no undertaking that he would return to India. However, the learned counsel for the petitioner, Mr.Subodh, has undertaken that the petitioner would appear before ‘the learned Trial Court’ at 4 Dr. YLR, J Crl.P.No.11349 of 2025 Dated 09.02.2026 the time of his examination under Section 313 of ‘the Cr.P.C.,’ and comply with further directions if the case results in conviction. 8. Considering the entire gamut of litigation and the facts and circumstances of the case, the order of ‘the learned Trial Court’ requires slight modification. Permission is granted to the petitioner to go to Johannesburg, South Africa, for pursuing his higher studies, subject to the condition that he shall appear before the learned Magistrate for examination under Section 313 of ‘the Cr.P.C.,’ and on subsequent dates as required by ‘the learned Trial Court’. 9. The petitioner shall submit before ‘the learned Trial Court’ his passport particulars, travel itinerary, details of the place of study and the course he intends to pursue, along with the contact details of the head of academics at Bird Aviation, Johannesburg, South Africa. 10. In the result, the Criminal Petition is disposed of. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 09.02.2026 PRA 5 Dr. YLR, J Crl.P.No.11349 of 2025 Dated 09.02.2026 91 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.11349 of 2025 Date: 09.02.2026 PRA