Telangana High Court
A. Venkata Krishna Reddy vs The State Of Telangana on 23 April, 2025
THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO
CRIMINAL APPEAL No.449 of 2025
JUDGMENT:
This Criminal Appeal is filed under Section 415(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') by the
appellant/owner of the property aggrieved by the order dated
21.03.2025 passed in Crl.M.P.No.98 of 2025 in Crime No.92 of
2024 on the file of the I Additional District and Sessions Judge,
Ranga Reddy District at L.B.Nagar, whereunder the application
filed by the appellant for release of vehicle was dismissed.
2. Facts giving rise to filing of this criminal appeal briefly
stated are that the appellant is the owner of the vehicle i.e.,
Innova car bearing registration No.TS 07 HP 2727, and the same
was seized by the police in respect of Crime No.92 of 2024 of
EOW Police Station, Cyberabad Commissionerate, registered for
the offences under Sections 316(2) and 318(4) of the Baratiya
Nyaya Sanhita, 2023 ('BNS') and Section 5 of the Telangana
Protection of Depositors of Financial Establishments Act, 1999
('TSPDFE Act'). The above said crime was registered against
M/s. Gayathrie Infra Developers and its parterres, who were
arrayed as accused Nso.1 to 3. The appellant filed application
i.e., Crl.M.P.No.98 of 2025 for release of the above said Innova
car on the grounds that he is the owner of the said vehicle, he
was not made an accused in the crime and he is no way
concerned with the alleged Crime No.92 of 2024, as the said
crime was registered against accused Nos.1 to 3. However, the
Court below dismissed the said application on the ground that
the appellant is a binami of accused No.2 and the vehicle was
purchased with the proceeds of the crime and the appellant is
not entitled for grant of release of vehicle.
3. Heard Mr. B. Hanumantha Rao, learned counsel for the
appellant, and Mr. Syed Yasar Mamoon, learned Additional
Public Prosecutor appearing for the respondent State.
4. Learned counsel for the appellant submitted that the
appellant is no way connected with Crime No.92 of 2024 and
there are no allegations levelled against the appellant and he has
not made an accused in the said crime. The appellant
purchased the vehicle with his own funds and the said vehicle
was leased out to accused Nos.1 to 3 for their real estate
activities. The vehicle stands in the name of the appellant only.
Mere paying monthly installments by accused No.2 to the bank
account of the appellant, the Court below ought not to have
dismissed the application.
5. Learned Additional Public Prosecutor submitted that
investigation is under progress. The appellant is not entitled to
seek release of the vehicle at this stage. If the appellant seeks for
release of his vehicle, he has to furnish a bank guarantee.
6. Learned counsel for the appellant by way of reply
submitted that the appellant is ready and willing to furnish a
bank guarantee in respect of the value of the vehicle.
7. Having considered the submissions made by the respective
parties and after perusal of the material available on record, it
reveals that the appellant filed Crl.M.P.No.98 of 2025 before the
Court below seeking release of the vehicle on the ground that he
is the owner of the vehicle i.e., Innova car bearing No.TS 07 HP
2727. The Court below dismissed the said application on the
ground that accused No.2 paid the installment amount to the
bank account of the appellant. Even according to the learned
Additional Public Prosecutor, the investigation is under progress.
However, in view of the submissions made by the respective
parties, without expressing any view on merits of the case, this
Court is inclined to release the vehicle of the appellant subject to
the following conditions:"
(i) The appellant is directed to furnish bank
guarantee with respect to the value of the
vehicle i.e., Innova car bearing registration No.
TS 07 HP 2727, as assessed by the Motor
Vehicle Inspector, before the Station House
Officer, EOW Police Station, Rachakonda
Commissionerate, and also giving an
undertaking that he will not alienate or create
any third party interest and he will produce the
vehicle as and when required for the purpose of
investigation.
(ii) On such furnishing the bank guarantee, the
Station House Officer, EOW Police Station,
Rachakonda Commissionerate is directed to the
release the vehicle of the appellant.
8. With the above directions, the criminal appeal is disposed
of.
Miscellaneous applications, pending if any, shall stand
closed.
______________________
J.SREENIVAS RAO, J
Date: 23.04.2025
Note: Issue C.C. in two (2) days.
(b/o)
mar
