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Judgment
This Criminal Petition has been filed aggrieved by the order dated 03.07.2026 passed by the learned XII Additional Chief Metropolitan Magistrate, Namapally, Hyderabad (for short 'the trial Court') in Crl.M.P.No.352 of 2026 in Crime No.15 of 2026 of Central Crime Station, Economic Offences Wing, Hyderabad, whereby the petition filed by the petitioner seeking interim custody of mobile phone i.e. Samsung silver colour Z Fold was dismissed.
Heard Mr. B.Kiran Kumar, learned counsel for the petitioner, through video conference, and Mr.Veeramalla Jithendar Rao, learned Additional Public Prosecutor for the respondent-State. With their consent, this criminal petition is disposed of at the stage of admission.
Learned counsel for the petitioner submitted that the petitioner is an accused No.1 in Crime No.15 of 2026 of C.C.S., Detective Department, Hyderabad for the offences punishable under Section 318(4) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS') and the police seized the mobile phone of the petitioner namely Samsung silver colour Z Fold smart phone containing Airtel SIM No.7217219999 and Telstra eSIM No. +61-456-003-999 in connection with the above said crime. The petitioner filed Crl.M.P.No.352 of 2026 seeking interim custody of his smart phone along with two sims. The learned trial Court without properly considering the contentions raised by the petitioner erroneously dismissed the said petition on the ground that if the mobile phone is given to the interim custody of the petitioner, there is every possibility of deleting the data, which is available in the device and may cause hurdles to the investigation.
He further submitted that the petitioner's mobile phone is not used in any heinous offence. The offence levelled against the petitioner is under Section 318(4) r/w 3(5) of the BNS. The mobile phone is very much required to the petitioner. Unless this Court grants interim custody of the mobile phone along with two sims, the petitioner will be put to great hardship. The petitioner is ready and willing to abide by any of the conditions that may be imposed by this Court.
Per contra, learned Additional Public Prosecutor submitted that the investigation is under progress. The trial Court has rightly dismissed the petition on 03.07.2026 and there is no illegality or irregularity in the impugned order passed by the trial Court.
Having considered the rival submissions made by the respective parties and upon perusal of the record, it reveals that the petitioner is an accused No.1 in Crime No.15 of 2026 of C.C.S., Detective Department, Hyderabad, which was registered on 31.01.2026 and the mobile phone of the petitioner along with two sims was seized on 07.02.2026 and since then it was in the custody of the investigation agency.
Taking into consideration the peculiar facts and circumstances of the case, this Court is inclined to grant interim custody of the mobile phone namely Samsung silver colour Z Fold smart phone containing Airtel SIM No.7217219999 and Telstra eSIM No. +61-456-003-999 to the petitioner subject to the following conditions;
That the petitioner/accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for a like sum each to the satisfaction of the trial Court.
ii) That the petitioner shall also furnish an undertaking that he shall not remove any data which is available in his mobile phone or two sims.
iii) That the petitioner shall produce the said mobile phone as well as two sims before the Investigating Officer whenever it is required and he shall not alienate the mobile phone or two sim cards in favour of third parties without prior permission of the trial Court and he shall not damage the mobile phone or sim cards. In default to comply with any of the above conditions, 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.