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Judgment
This Criminal Petition has been filed by the petitioner/owner of the vehicle seeking interim custody of the vehicle bearing No.TS-36-TA-3489.
Heard Mr.Kasireddy Mohan Chandra Has, learned counsel for the petitioner and Mr.M.Vivekananda Reddy, learned Assistant Public Prosecutor for the respondents.
Learned counsel for the petitioner submits that the petitioner is the owner of the Bolero Vehicle bearing Registration No. TS-36- TA-3489 and the said vehicle was seized in connection with Crime No.36 of 2026 on 31.01.2026. Since then, it has been in the custody of Gajwel Police Station. The Investigating Officer after conducting investigation filed final report before the learned III Additional District and Sessions Judge at Sangareddy District and the said vehicle is under the custody of the police. He further submits that the petitioner is dependent upon the income derived from the said vehicle for his livelihood. Unless the vehicle is released, the petitioner will be put to great hardship. The petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Therefore, he requested this Court to release the said vehicle.
Per contra, learned Assistant Public Prosecutor submits that the petitioner ought to have filed the application before the very same Court in SPL.S.C.No.72 of 2026 on the other hand filed an application vide Crl.M.P.No.840 of 2026 in Crime No.36 of 2026 seeking interim custody and the learned trial Court has rightly dismissed the application filed by the petitioner on the ground that the vehicle is involved in heinous offence.
Having considered the rival submissions made by the respective parties and upon perusal of the record, it reveals that the petitioner is not the accused in Crime No.36 of 2026 and he is the owner of the Bolero Vehicle bearing Registration No. TS-36-TA-3489. The said vehicle was seized in connection with Crime No.36 of 2026. Even according to the learned Assistant Public Prosecutor, the Investigating Officer after conducting investigation filed final report before the learned III Additional District and Sessions Judge at Sangareddy District and the said Court has taken cognizance and numbered the case as SPL.S.C.No.72 of 2026 and the vehicle was also deposited before the said Court.
Taking into consideration the peculiar facts and circumstances of the case, this Court is inclined to grant interim custody of the vehicle, namely, Bolero Vehicle bearing Registration No. TS-36-TA-3489 in favour of the petitioner on his executing a personal bond for a sum of Rs.50,000 /- (Rupees fifty thousand only) with two sureties to the satisfaction of the learned III Additional District and Sessions Judge at Sangareddy District. The petitioner shall also furnish an undertaking that he shall not alienate the said vehicle or change its physical features. The Station House Officer, Gajwel Police Station, Sangareddy District shall write to the RTA Authority not to transfer the said vehicle in favour of any third party without clearance from the Court. It is needless to state that the petitioner shall produce the said vehicle before the Investigating Officer or before the concerned Court whenever they are required.
Accordingly, the criminal petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.