AI Structured Summary
Not yet generated for this judgment
Judgment
This Criminal Petition has been filed aggrieved by the order dated 08.06.2026 passed by the learned Principal Sessions Judge, Nalgonda, (hereinafter referred to as 'the trial Court') in Crl.M.P.No.284 of 2026 in Crime No.153 of 2025 of Gudipally Police Station, presently on the file of D.S.P., C.I.D., State of Telangana, Hyderabad, where under the petition filed by the petitioner seeking release of the petitioner's vehicle i.e. Hector Select Pro Car bearing No. TG 05 C 5246 was dismissed.
Heard Mr. Sanjeeva Reddy Garlapati, learned counsel for the petitioner, and Mr.Jithendar Rao Veeramalla, learned Additional Public Prosecutor for the respondents.
Learned counsel for the petitioner submitted that the petitioner is owner of the vehicle, namely, MG Hector Select Pro Car bearing No. TG 05 C 5246 and the said vehicle was not purchased with the proceeds arising out of the present crime. The said vehicle was seized by the investigation agency on 17.10.2025 and since then the vehicle was in the custody of the investigation agency. Unless the said vehicle is released, the petitioner will be put to great hardship and the vehicle is going to be damaged.
Per contra, learned Additional Public Prosecutor submitted that the petitioner was arrayed as accused in Crime No.153 of 2025 for the offences punishable under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 5 of the Telangana Protection of Depositors of Financial Establishments Act, 1999. The petitioner and the other accused have committed a grave offence, and several victims have suffered at their hands and the trial Court has rightly dismissed the petition. He also submitted that as the investigation is pending, the petitioner is not entitled to seek for interim custody of the said vehicle.
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 owner of the MG Hector Select Pro Car bearing No. TG 05 C 5246 and the said vehicle was seized in the present crime on 17.10.2025 and since then the vehicle was in the custody of the investigation agency. Subsequently, the crime was transferred to the D.S.P., C.I.D., State of Telangana, Hyderabad.
Taking into consideration the peculiar facts and circumstances of the case, this Court is inclined to grant interim custody of the vehicle, namely MG Hector Select Pro Car bearing No. TG 05 C 5246, in connection with the Crime No.153 of 2025 of Gudipally Police Station, presently DSP, C.I.D., State of Telangana, Hyderabad, to the petitioner subject to the following conditions;
That the petitioner shall furnish a surety to the value of the vehicle, as assessed by the Motor Vehicle Inspector to the satisfaction of the Principal Sessions Judge, Nalgonda.
ii) That the Investigating Officer shall take appropriate steps to assess the value of the vehicle through the Motor Vehicle Inspector.
iii) That the petitioner shall furnish an undertaking before the trial Court that he shall not alienate the vehicle or alter its physical features, till the disposal of the proceedings in the present crime.
iv) That the petitioner is further directed to produce the vehicle before the trial Court or the Investigating Officer as and when required.
That the Investigating officer shall take detailed photographs and videograph of the vehicle from all the angles, prepare a panchanama in the presence of mediators and shall file the same before the trial Court.
vi) That the Investigating Officer shall write to the RTA Authority not to transfer the subject vehicle in favour of any third party till the disposal of the case.
vii) That the petitioner shall cooperate with the investigation.
Accordingly, the criminal petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.