HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6370 OF 2010 Dated : 14.07.2010 Between : Bandi Narasimha Reddy … Petitioner-A.1 A n d The State of A.P. … Respondent HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6370 OF 2010 ORDER: This criminal petition under section 482 of the Code of Criminal Procedure is filed by the petitioner-A.1 with a prayer to permit him to work in Den Mark on behalf of Mahendra Satyam Company, Bangalore, for a period of nine months and further permit him to be represented by an Advocate before the Court below in his absence. Heard. In this criminal petition, the petitioner also challenges the order dated 28.06.2010 passed by the Additional Judicial Magistrate of I Class, Rayachoty, in Crl.M.P.No.925 of 2010 wherein the learned Magistrate dismissed the petition filed under section 205 Cr.P.C. by the petitioner seeking to dispense with his personal attendance before the Court below and also permit his counsel to attend on his behalf. Learned counsel for the petitioner submitted that the petitioner is already granted anticipatory bail by this Court and he is regularly attending the Court. As seen from material on record, by virtue of orders in Crl.M.P.No.838 of 2010 in Crl.P.No.931 of 2010 this Court stayed the proceedings against A.4 to A.6. As such, this Court is of the view that in view of the said interim stay, there is no possibility of completion of trial in this case within a short period and in the meanwhile petitioner wants to go abroad in connection with his profession. As such, he filed Crl.M.P.No.925 of 2010 to condone his presence before the trial Court, which was dismissed by the trial Court. After hearing the learned counsel for the petitioner and also the learned Additional Public Prosecutor, this Court is of the view that no prejudice will be caused to the Prosecution if the present criminal petition is allowed since the offence alleged against the petitioner is punishable under sections 498A, 420, 307 of Indian Penal Code and 3 and 4 of Dowry Prohibition Act and in these type of cases the question of identification of the accused does not arise. Therefore, in the circumstances of the case, the request of the petitioner can be considered subject to some condition in order to secure his presence in future. Accordingly, the criminal petition is disposed of dispensing with the presence of the petitioner before the trial Court in P.R.C.No.51 of 2009 for a period of one year from today on condition of the petitioner depositing original title deed worth Rs.5 lakhs standing either in the name of the petitioner or his parents. ________________________ JUSTICE RAJA ELANGO Dated : 14.07.2010. sur