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High Court of Andhra Pradesh · body

2025 DAILYLAW 10624 (AP)

Bora Rama Krishna, v. The State of Andhra Pradesh,

CRLP/2596/2025 · 2025-04-08

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAvM % O;m U p? TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2596 OF 2025 Between: Bora Rama Krishna, S/o. Bheemudu, aged about 23 55/1, Kummari Veedhi, Allipuram, Visakhapatnam City, Andhra Pradesh. ...Petitioner/Accused No.5 years, D.No.31-7- AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Amaravathi. ...Respondent/Complainant Petition under Section 483(1) of BNSS, is filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to relax the conditions passed in CrI.M.P.No. 2588 of 2024, dated 14.11.2024 by the I Additional District & Sessions Judge- Special Judge for trial of offences under NDPS Act, Visakhapatnam. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri Thulluru Nagabhushanam, Advocate for the Petitioner Prosecutor for Respondent, the Court made the following and of Public APHC010121272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] TUESDAY .THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2596/2025 Between: ...PETITIONER/ACCUSED Bora Rama Krishna, AND The State o'f Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.THULLURU NAGABHUSHANAM Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition under Section 483(1) of B.N.S.S has been filed by the petitioner/A5, seeking modification of the conditions in the bail order vide Crl.M.P.No.2588/2024 dated 14.11.2024 on the file of the learned I Additional District & Sessions Judge-Special Judge for trial of offences under NDPS Act, Visakhapatnam and permit the petitioner to execute self bond for Rs.5,000/- with two sureties instead of Rs.50,000/- with two sureties. 2 TMRJ Crl.P_2596 2025 2. Cr.No.162 /2019 of II Town Police Station, Visakhapatnam City, was registered against the petitioner/A5 herein and others for the offences punishable under Sections 20(b)(ii)(B) read with 8(c) of NDPS Act, 1985. 3. Without going into the merits of the case, this criminal petition is filed only seeking modification of conditions in the bail order in Crl.M.P.No.2588/2024 dated 14.11.2024 on the file of the learned I Additional District & Sessions Judge-Special Judge for trial of offences under NDPS Act, Visakhapatnam. 4. It is submitted that despite grant of bail by the I Additional District & Sessions Judge-Special Judge for trial of offences under NDPS Act, Visakhapatnam in CrI.M.P.No.2588/2024 dated 14.11.2024, petitioner/A5 could not furnish sureties for Rs.50,000/-with two sureties to the satisfaction of the II Additional Chief Judicial Magistrate, Visakhapatnam. contends that the petitioner belongs to a poor family and the petitioner is the only person to look after his family members by doing coolie work. It is further submitted that more than four months time elapsed after granting bail to the He further petitioner and the petitioner’s family members could not comply with the order by furnishing sureties. In the said facts of the case, petitioner requests to consider his case on humanitarian grounds. Learned counsel relied on a decision reported in SMWP (Criminal) 5. No.4/2021 dated 31.01.2023 on the file of the Hon’ble Supreme Court wherein it is observed that "if the bail bon^s are not furnished within one 3 TMRJ CrI.P 2596 2025 month from the date of grant bdil, the concerned Court may suo-motu take up and consider whether the conditions of bail require the case modification/relaxation It seems that the Court who granted bail to the petitioner in this crime 6. has not taken such steps, thereby forced the petitioner to approach this Court. There is nothing on record to show that the said submissions are incorrect, as such this Court is inclined to modify the bail order. In the result, the criminal petition is allowed and the petitioner is ordered 7. to be released on bail on his execution of self bond for Rs.5,000/- (Rupees five thousand only) with two sureties for like sum each. It is hereby made clear that the release of the petitioner/A5 on his execution of self bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for like such each is only modified. The remaining conditions imposed against the petitioner/A5 shall remain unaltered. SEI^TONOFF/CER giSJSTRAR //TRUE COPY// To, 1. The I Additional District & Sessions Judge-Special Judge for Trial of offences under NDPS Act, Visakhapatnam. 2. The II Additional Chief Judicial Magistrate, Visakhapatnam. 3. The Superintendent, Central Prison, Visakhapatnam. 4. The Station House Officer, II Town Police Station, Visakhapatnam. 5. One CC to Sri Thulluru Nagabhushanam, Advocate [OPUC] 6. Two CCs to PUBLIC PROSECUTOR, High Court of A.P., Amaravati.[OUT] 7. One spare copy. T HIGH COURT TMR,J DATED:08/04/2025 ORDER CRLP.No.2596 of 2025 ALLOWED A 'V I, 10 APR® m '^PATCV^^ fix ^\o