[Cites 6, Cited by 0]
Telangana High Court
Mohammed Wajeed vs The State Of Telangana on 1 April, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.4653 of 2026
Date: 01.04.2026
Between:
Mohammed Wajeed
...Petitioner
AND
The State of Telangana,
Rep. by Public Prosecutor,
High Court of Telangana,
Hyderabad and another.
...Respondents
Order
This Criminal Petition is filed aggrieved by the order passed by
the learned XV Additional Chief Judicial Magistrate, Hyderabad, in
Crl.M.P.No.154 of 2026 in C.C.No.12033 of 2026, wherein
application filed by the petitioner seeking interim custody of his
passport bearing No.C9373928 by relaxing the condition imposed by
the trial Court in Crl.M.P.No.38 of 2026, dated 06.01.2026 was
dismissed.
2. Heard Mr.V.Venkata Mayur, learned counsel for the petitioner,
Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor
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for respondent No.1 and Mr.Syed Hasan, learned counsel for
respondent No.2.
3. Learned counsel for the petitioner submits that the petitioner
was arrayed as accused No.1 in C.C.No.12033 of 2025 for the
offences punishable under Sections 498-A and 406 of the Indian
Penal Code, 1860 (for short 'IPC') and Sections 4 and 6 of the Dowry
Prohibition Act, 1961 (for short 'DP Act'). Even prior to filing of the
final report by the Investigating Officer, the petitioner had been
residing in Saudi Arabia in connection with his employment, and
therefore, he was not aware of the issuance of Non-Bailable Warrant
in the said case.
3.1 He further submitted that when the petitioner returned to India
on 03.01.2026, the Station House Officer, WPS (CCS) (DD),
Hyderabad, arrested him and produced him before the trial Court, and
sent to judicial remand. Subsequently, the petitiosner filed
Crl.M.P.No.38 of 2026 seeking bail under Section 480 of the BNSS,
and the learned trial Court, by order dated 16.01.2026, granted bail
subject to certain conditions that the petitioner shall file an
undertaking affidavit stating that he would appear before the trial
Court for his examination under Sections 239 and 313 of the Code of
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Criminal Procedure, 1973, as and when directed, and also he shall
deposit his passport before the trial Court and shall not leave India
without prior permission of the Court.
3.2. Thereafter, the petitioner filed Crl.M.P.No.154 of 2026 seeking
interim custody of his passport and relaxation of the conditions
imposed in the order dated 16.01.2026 passed in Crl.M.P.No.38 of
2026, on the ground that he is required to return to Saudi Arabia on or
before 02.04.2026 in connection with his employment. He also
submitted that the visa granted by the Kingdom of Saudi Arabia is
valid up to 26.07.2026. In the event of his failure to return within the
stipulated time, his visa will not be renewed for a period of three
years. He further submitted that unless this Court grants interim
custody of the passport and relaxes the conditions imposed by the
trial Court, the petitioner will be put to great hardship. He also
submitted that the petitioner is willing to abide by any conditions that
may be imposed by this Court.
4. Per contra, learned counsel for respondent No.2 vehemently
contended that the petitioner with an intention to drag on the
proceedings, has been filing applications. He further submitted that
the petitioner failed to appear before the trial Court despite issuance
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of summons and Non-Bailable Warrants. He also submitted that the
petitioner has to pay huge maintenance to respondent No.2 as well as
to the minor daughter in the pending Domestic Violence proceedings.
Hence, the trial Court has rightly dismissed the application and the
petitioner is not entitled to any relief in the present criminal petition.
5. This Court has considered the rival submissions made by the
respective parties and perused the material available on record. It is
not in dispute that the petitioner was arrayed as accused No.1 for the
offences punishable under Sections 498-A and 406 of the IPC and
Sections 4 and 6 of the DP Act. It is also not in dispute that the
petitioner was arrested, remanded to judicial custody, and
subsequently enlarged on bail pursuant to the order dated 16.01.2026
in Crl.M.P.No.38 of 2026. Thereafter, the petitioner filed an
application seeking interim custody of his passport and relaxation of
the conditions imposed by the trial Court in its order dated
16.01.2026 passed in Crl.M.P.No.38 of 2026. The petitioner has filed
an Electronic Exit Re-Entry Visa (single) as a document, and a
perusal of the same (at page No.36) reveals that he is required to
return to Saudi Arabia on or before 02.04.2026. The petitioner has
specifically pleaded in the memorandum of the criminal petition that
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the visa granted by the Kingdom of Saudi Arabia is valid up to
26.07.2026, and in the event of his failure to return to the Kingdom of
Saudi Arabia on or before 02.04.2026, his visa will not be renewed
for a period of three years.
6. Taking into consideration the above said submissions and the
peculiar facts and circumstances of the case, when this Court is
inclined to grant interim custody of the passport and relax the
condition imposed by the trial Court in Crl.M.P.No.38 of 2026, dated
16.01.2026, to the extent that the petitioner shall not leave India
without prior permission of the trial Court, learned counsel for
respondent No.2 requested this Court to direct the petitioner to
furnish surety for a sum of Rs.4,00,000/- and the same has not been
opposed by the learned counsel for the petitioner. Accordingly, the
petitioner is granted interim custody of the passport and the condition
imposed by the trial Court that the petitioner shall not leave India
without prior permission of the trial Court is relaxed, subject to the
following conditions:
(i) The petitioner shall furnish surety for a sum of Rs.4,00,000/-
(Rupees Four Lakhs only) to the satisfaction of the learned XV
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Additional Chief Judicial Magistrate, Hyderabad, in C.C.No.12033 of
2025.
(ii) The petitioner shall file an undertaking affidavit stating that he
shall return to India within a period of one month from today, shall
deposit his passport before the trial Court within one week of his
return back to India, shall not leave India without the prior permission
of the trial Court and also shall furnish his travel particulars,
residential particulars of the place where he intends to reside in Saudi
Arabia, as well as his office address, mobile number, and email
address before the trial Court.
7. With the above conditions, the criminal petition is disposed of.
Miscellaneous applications, pending if any, shall stand closed.
_____________________
J.SREENIVAS RAO, J
Date: 01.04.2026
Note: Issue CC today
b/o
Vsl
