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Judgment
This Criminal Petition has been filed aggrieved by the impugned order dated 11.08.2026 passed in Crl.M.P.No.1567 of 2026 in C.C.No.175 of 2024 by the learned 1 Additional Sessions Judge at Nizamabad, wherein the application filed by the petitioner seeking recall of NBW was dismissed.
Heard Smt.V.Poornasri, learned counsel for the petitioner and Mr.Jithendar Rao Veeramalla, learned Additional Public Prosecutor for respondent.
Learned counsel for the petitioner submits that the petitioner is an accused in C.C.No.175 of 2024 and is facing prosecution for the offences punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Section 3 of the Prevention of Damage to Public Property Act (for short 'PDPP Act'). He further submits that, due to ill health, the petitioner could not appear before the learned trial Court on 22.12.2025, pursuant to which the learned trial Court issued a Non-Bailable Warrant (NBW) against him. The petitioner thereafter approached the learned trial Court and filed an application vide Crl.M.P.No.1567 of 2026 seeking recall of the NBW. However, the learned trial Court, without properly considering the contentions of the petitioner, dismissed the said application. Unless this Court recalls the NBW issued against the petitioner, he will be put to great hardship. He further submits that the petitioner is willing to abide by the conditions imposed by this Court.
Per contra, learned Additional Public Prosecutor submits that the petitioner has failed to appear before the learned trial Court on more than seven occasions. Hence, the learned trial Court has rightly issued the NBW against the petitioner on 22.12.2025 and rightly dismissed the application filed by the petitioner seeking recall of the NBW. Therefore, the petitioner is not entitled to any relief, much less the relief sought in the present Criminal Petition.
Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that the petitioner is accused No.2 in C.C.No.175 of 2024 and is facing prosecution for the offences punishable under Section 303(2) of the BNS and Section 3 of the PDPP Act. The record further discloses that, on 22.12.2025, the learned trial Court issued an NBW against the petitioner on the ground that the petitioner had failed to appear before the learned trial Court on more than seven occasions.
During the course of hearing, learned counsel for the petitioner submits that the petitioner could not appear before the learned trial Court due to his ill health. In support of his contention, learned counsel for the petitioner has placed on record the medical documents issued by Noor Clinic.
Taking into consideration the peculiar facts and circumstances of the case, this Court is inclined to recall the NBW issued against the petitioner by the learned trial Court on 22.12.2025, by setting aside the impugned order dated 11.08.2026 passed in Crl.M.P.No.1567 of 2026 in C.C.No.175 of 2024 by the learned I Additional Sessions Judge, Nizamabad, subject to the following conditions:-
the petitioner/accused No.2 shall execute a personal bond of Rs.50,000/- with two sureties to the satisfaction of the learned I Additional Sessions Judge at Nizamabad.
ii) the petitioner/accused No.2 shall file an undertaking that he will appear before the learned trial Court whenever his presence is required and will be represented by his counsel on each and every date of hearing.
In default, the trial Court is entitled to proceed with the matter, in accordance with law.
Accordingly, the Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.