Telangana High Court
Manusurnath Chowdary … vs The State Of Telangana on 27 April, 2026
Author: N.Tukaramji
Bench: N.Tukaramji
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
CRIMINAL PETITION No.13100 OF 2024
DATE : 27.04.2026
Between:
Manusurnath Chowdary Veeramachaneni
...Petitioner
AND
The State of Telangana,
Rep. by its Public Prosecutor,
PS CCS DD Hyderabad
...Respondent
ORDER:
This Criminal Petition is instituted under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”),
invoking the inherent jurisdiction of this Court to set aside the order
dated 10.09.2024 passed in Crl.M.P. No. 3684 of 2024 in C.C. No.
16060 of 2019 on the file of the XII Additional Chief Judicial Magistrate,
Hyderabad at Nampally and to permit him to travel abroad/Malasia for
limited period of 2 (Two) months.
2. The petitioner is arrayed as Accused No. 4 in C.C. No. 16060 of
2019, which arises out of Crime No. 167 of 2017 registered for
offences punishable under Sections 420, 406, and 120-B of the Indian
Penal Code, 1860, along with Section 24(1)(b) of the Emigration Act,
1983.
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3. The present petition challenges the dismissal of Crl.M.P. No.
3684 of 2024, wherein the petitioner sought interim custody of his
passport bearing No.Z5178061 and permission to travel to Malaysia for
employment related obligations.
4.1. Learned counsel for the petitioner submits that the petitioner is
employed in Malaysia and, pursuant to the bail conditions imposed by
the trial Court he surrendered his passport on 27.04.2024. Since then,
the petitioner has remained in India and has been complying with all
bail conditions. It is further contended that his presence is urgently
required in Malaysia for professional reasons, including handing over
company assets, completing contractual obligations, and settling
employment benefits. The necessity of travel is thus bona fide and not
intended to evade the judicial process.
4.2. It is argued that the trial Court, while dismissing the petition,
failed to adequately consider relevant factors such as the petitioner’s
awareness of the pending proceedings, his subsequent compliance
with bail conditions, and the absence of any deliberate attempt to
abscond. The trial Court appears to have been influenced by the earlier
issuance of a Non-Bailable Warrant (NBW) and Look-Out Circular
(LOC), without appreciating that the petitioner’s conduct post arrest has
been cooperative and compliant.
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4.3. Learned counsel further submits that the proceedings before the
Trial Court have remained at the stage of issuance of summons to
witnesses since 2024, primarily due to administrative constraints,
including the absence of a regular Presiding Officer. In these
circumstances, it is contended that permitting the petitioner to travel
abroad for a limited period of two months would not prejudice the
prosecution.
5. The learned Additional Public Prosecutor, while opposing the
petition in principle, fairly submits that the petitioner has been regularly
attending Court after being enlarged on bail. It is also conceded that
the trial has not progressed beyond the stage of summons to witnesses
and that there has been no substantial advancement in proceedings.
Accordingly, the matter is left to the discretion of this Court.
6. Upon perusal of the material on record and consideration of the
rival submissions, this Court finds that while the pendency of criminal
proceedings and the petitioner’s status as an accused are undisputed,
his subsequent conduct assumes significance. The record indicates
that after execution of the NBW and issuance of the LOC in 2024, the
petitioner has diligently attended Court and complied with all conditions
imposed upon him.
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7. It is a settled principle of law that the right to travel abroad forms
part of personal liberty under Article 21 of the Constitution of India, as
recognized in Maneka Gandhi v. Union of India (1978) 1 SCC 248.
Further, in Suresh Nanda v. CBI (2008) 3 SCC 674, the Hon’ble
Supreme Court held that impounding of a passport must be justified on
valid grounds and cannot be continued indefinitely in a mechanical
manner. Courts are therefore required to strike a balance between the
right to personal liberty and the interests of justice.
8. In the instant case, the petitioner has demonstrated bona fide
reasons for travel, and there is no material to indicate a likelihood of
absconding. The trial has not progressed substantially, and continued
restriction on travel would result in undue hardship, particularly
affecting the petitioner’s livelihood.
9. In view of the foregoing analysis and balancing the competing
interests, this Court deems it appropriate to allow the petition, subject
to stringent safeguards to ensure the petitioner’s return and continued
participation in the trial.
10. Accordingly, the Criminal Petition is allowed with the following
conditions:
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5A. The petitioner is permitted to travel to Malaysia
for a limited and specified period from
30.04.2026 to 30.06.2026
B. The Trial Court is directed to release the
petitioner’s passport on an interim basis, subject
to strict compliance with the following conditions:
(a) The petitioner shall execute a personal bond for
a sum of Rs.1,00,000/- (Rupees One Lakh only)
with one surety for the like sum to the
satisfaction of the Trial Court.
(b) The petitioner shall file a duly sworn affidavit
before the Trial Court, furnishing complete
particulars of his proposed travel, including,
detailed travel itinerary, residential address in
Malaysia, particulars of employment and
employer, and valid contact information
(including mobile number and email address).
C. The petitioner shall mandatorily surrender his
passport before the Trial Court on or before
07.07.2026, immediately upon his return to
India.
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D. It is expressly made clear that any violation or
breach of the aforesaid conditions shall entail
serious legal consequences, including but not
limited to cancellation of bail, forfeiture of bond,
and initiation of appropriate proceedings in
accordance with law, as contemplated under the
provisions governing bail under the Bharatiya
Nagarik Suraksha Sanhita, 2023.
11. Consequently, all pending miscellaneous applications, if any,
shall stand closed.
____________________
JUSTICE N.TUKARAMJI
Date: 27.04.2026
PRN
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THE HONOURABLE SRI JUSTICE N.TUKARAMJI
CRIMINAL PETITION No.13100 OF 2024
DATE : 27.04.2026
PRN
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