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Judgment
This Criminal Petition has been filed, aggrieved by the order passed by the learned XV Additional Chief Judicial Magistrate, Hyderabad, in Crl.M.P. No.606 of 2026 in C.C. No.2065 of 2025, dated 15.05.2025, insofar as it imposes the condition directing the petitioner to deposit his passport and not to leave India without the prior permission of the said Court.
Heard Mr.I.Surender, learned counsel for the petitioner and Mr.K.S.J. Swaroop, larned counsel representing Smt.E.Roja Ramani, learned counsel for respondent No.2 and Mr.Jithendar Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1.
Learned counsel for the petitioner submits that the petitioner filed an application vide Crl.M.P.No.606 of 2026 in C.C. No.2065 of 2025 seeking permission to renew his passport for a period of ten years. The learned trial Court, while allowing the said Crl.M.P., imposed several conditions. The petitioner has complied with all the conditions except Condition No.(C). He further submits that the petitioner is a sailor and is required to travel to various places in the course of his employment. He further submits that Maersk Fleet Management and Technology India Private Limited issued a call letter dated 07.07.2026 directing the petitioner to appear for an interview, along with the relevant certificates, within ten days. However, the petitioner could not attend the interview due to the condition imposed by the learned trial Court. Unless the above condition is relaxed, the petitioner will be put to great hardship.
Per contra, learned counsel appearing on behalf of respondent No.2 vehemently contended that the petitioner is intentionally not cooperating with the learned trial Court. Due to his non-cooperation, the learned trial Court has been unable to proceed with the matter in C.C.No.2065 of 2025. He further submitted that, on 09.07.2026 on account of the petitioner's non-compliance with the condition imposed by the learned trial Court in its order dated 15.05.2026, the learned trial Court adjourned the matter to 23.02.2027. He further submitted that C.C. No.2065 of 2025 is coming up for the examination of the accused, and the physical presence of the petitioner/accused No.1 is very much necessary. He further submitted that the presence of the petitioner is also required in various proceedings pending between the petitioner and respondent No.2, namely, M.C. proceedings, F.C.O.P. proceedings, D.V.C. proceedings, and several other cases pending before different Courts. He further submitted that the petitioner has approached this Court by filing the present criminal petition only with an intention to harass respondent No.2 and to obstruct the proceedings pending between the parties before various Courts. Hence, the petitioner is not entitled to any relief, much less the relief sought in the present criminal petition. He, therefore, prayed to dismiss the petition.
Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the petitioner and respondent No.2 are wife and husband. Matrimonial disputes have arisen between them. The petitioner is Accused No.1 in C.C. No.2065 of 2025, pending on the file of the learned XV Additional Chief Judicial Magistrate, Hyderabad, for the offences under Sections 85 and 351(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 3, 4 and 6(2) of the Dowry Prohibition Act, 1961. In the said proceedings, the petitioner filed an application vide Crl.M.P.No.606 of 2026 seeking renewal of the passport. The learned trial Court, on 15.05.2026, allowed the said Crl.M.P. with certain conditions. The petitioner filed the present criminal petition insofar as the imposition of the condition directing the petitioner to deposit his passport in C.C. No.2065 of 2025 and not to leave India without prior permission of the Court is concerned.
The learned counsel for the petitioner, by way of memo vide USR No.78532 of 2026 dated 09.07.2026, mentioned that Maersk Fleet Management and Technology India Private Limited issued a call letter to the petitioner on 07.07.2026 directing him to attend the interview within a period of ten days for the post of Second Engineer (Container Vessel). In the memorandum of grounds, the petitioner specifically mentioned that he is an ex-sailor by profession and that he has to travel from one place to another on the sea/ocean. This Court, on 20.07.2026, directed the learned Additional Public Prosecutor to obtain instructions. The learned Additional Public Prosecutor submitted that the Investigating Officer contacted the petitioner, and he specifically mentioned that he is a sailor. Even according to the parties, in the present case, C.C. No.2065 of 2025 was posted to 23.02.2027 for the cross-examination of the petitioner/Accused No.1.
Taking into consideration the peculiar facts and circumstances, and also the nature of the profession of the petitioner, this Court is inclined to relax the condition imposed by the learned trial Court in the impugned order dated 15.05.2026. The condition of deposit of passport before the learned trial Court and not to leave India without prior permission of the said Court is relaxed on the following conditions:
The petitioner/accused No.1 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees two Lakhs only) with two sureties to the satisfaction of the learned XV Additional Chief Judicial Magistrate, Hyderabad.
ii) Petitioner/accused No.1 shall file a sworn affidavit before the learned trial Court stating that he will appear on 23.02.2027 to face the examination and also give an undertaking that, he will represent through his counsel on each and every date of hearing. If the presence of the petitioner is required, he will appear before the trial Court.
iii) The petitioner/accused No.1 shall furnish his residential address, office address, office email, personal email, and personal mobile number to the learned trial Court.
It is needless to mention that if the petitioner fails to comply with any one of the above conditions, the learned trial Court shall be entitled to proceed with the matter in accordance with law.
With the above direction, this Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.