Legal Analysis: Seesa Santosh v. State of Telangana and Another

Citation: 2026 INSC 628

Court: Supreme Court of India

Bench: A Division Bench comprising Justice Dipankar Datta & Justice Satish Chandra Sharma

Date of Decision: June 4, 2026

Nature of Judgment: Criminal Appeal arising out of SLP (Crl.) No. 18022 of 2025 against the judgment of the High Court for the State of Telangana at Hyderabad dated 28th October 2025.

Synopsis of the Judgment

The appellant (de facto complainant’s son) challenged the High Court’s order allowing the revision petition of the respondent‑accused, which set aside the Sessions Court’s direction to deposit his passport and permitted him to travel to the USA for medical treatment. The FIR was registered in 2014 under Sections 120‑B and 306 IPC; chargesheet was filed in 2016. The accused had earlier sought quashing of the FIR (writ petition withdrawn) and failed to appear, leading to non‑bailable warrants and a Look Out Circular. After surrendering, he applied for return of his passport. The Magistrate ordered release of the passport but clarified that such release did not amount to permission to travel abroad. The Sessions Court reversed this, directing deposit of the passport. The High Court, in revision, restored the Magistrate’s order and permitted travel to the USA. The Supreme Court set aside the High Court’s order, holding that the right to a speedy trial under Article 21 must be balanced against the right to travel abroad. The Court directed that the respondent shall not be entitled to fly out of the country without the express permission of the Sessions Court (after committal of the case). The Magistrate’s order (release of passport without permission to travel) was upheld in substance, and the High Court’s indulgence was found unjustified.

1. Basic Information of the Judgment

Case Title: Seesa Santosh v. State of Telangana and Another

Citation: 2026 INSC 628

Criminal Appeal No.: Arising out of SLP (Crl.) No. 18022 of 2025

Bench: Justice Dipankar Datta & Justice Satish Chandra Sharma

Date of Decision: June 4, 2026

Court: Supreme Court of India (Criminal Appellate Jurisdiction)

Impugned Order: Judgment and order dated 28th October 2025 of the High Court for the State of Telangana at Hyderabad, allowing Criminal Revision Petition No. [not specified] under Section 442 BNSS, setting aside the order of the Principal Sessions Judge, Bhuvangiri dated 26th September 2025.

2. Legal Framework

Major Laws and Provisions Involved

• Constitution of India, 1950 – Article 21 (right to life and personal liberty – includes right to travel abroad and right to speedy trial).

• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) – Section 442 (revisional powers of High Court).

• Code of Criminal Procedure, 1973 – Section 174 (unnatural death case), Section 482 (inherent powers – not directly invoked).

• Indian Penal Code, 1860 – Sections 120-B (criminal conspiracy), 306 (abetment of suicide), 34 (common intention).

• Passports Act, 1967 – Provisions regarding impounding and restriction on travel.

Key Precedents Cited and

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