IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV TUESDAY, THE FIRST DAY OF APRIL ~ TWO THOUsAivb-riivb -T'vi/Eit++`FIlviL I c:#:g Fgrfi .-PRESENT: NOURABLE SRI JUSTICE T MALLIKARJUNA R CRIMINAL PETITION NO: 2852 OF 2025 / Between.I Mattam Danyababu, s/o. Gasiram, aged about 25 years, R/o. Bossiputtu village, Bossiputtu panchayat, MunchI'ngiPut MandaI, Alluri Sitharama Raju District. Petitioner/Accused No.3 AND The State OfAndhra pradesh, Rep by its public prosecutor, High Court of Andhra pradesh. Respondent petition under section 439(1)(b) of Cr.P.C and 483 (1)(b) of BNSS., is filed praying that in the circumstances stated in the memorandum of grounds filed I'n Support Of the CriminalPetjtion, the High Court may be pleased to modify the order passed by the I Addl. District & sessions Judge - Special Judge for Trial of offences under NDPS Act, Vl-sakhapatnam in crI.M.P. No. 1031/2024 in Cr. No. 45/2023 dated 27.01.2025 by considerI-ng the Situatl-On Of the petitl'oner/Accused No.3 as lithe petitioner sha" execute a bond` for Rs.50.000/- (Rupees Fifty Thousand only) to the satI-SfaCtiOn Of the I Addl. District & sessI'OnS Judge - SpecI-aI Judge for Trial of Offences under NDPS Act, Visakhapatnam" instead of lithe petitI'Oner tO execute a bond for Rs.3,00,000/- with one surety for lI'ke Sum tO the Satisfaction Of the Judicial Magistrate of First Class, Paderu and sha" furnI'Sh bank guarantee of Rs.3,00,000/- and permit the petitioner/Accused No.3 to deposl't the surety amount of Rs.50,000/-without any bank guarantee , The petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri. GOLLAPALLI MAHESWARA RAO, Advocate for the petitioner and of PUBLIC PROSECUTOR for the Respondent; The court made the following: APHCO10133262025 IN THE-, HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (special orI-gI-naI JurisdictI-On) CR[M [3369] TUESDAY ,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLfKARJUNA RAO rtDIhAlkl^l lI`I=lII,I._lL. I.._ Between.I Mattam Danyababu AND ...PETITIONER/ACCUSED :hoeu ns:aetlefo9rftAhnedph::I.tF:andeer;ahcc us-:I: :-. R E S PO N D E N T/C O M PLA[ NANT 1. GOLLAPALLI MAHESWARA RAO counsel for the Respondent/complainant.- 1.PUBLIC PROSECUTOR The Court made the followl-ng: This criminal petition has been filed against the order, dated 27.01.2025, passed in cr'.M.P.No.1031/2024 on the file of the learned I AddI'tiOnal Dl'strict and sessI'OnS Judge-Gum-special Judge for trial of offences under the Narcotic Drugs and psychotropjc substances Act, vjsakhapatnam to the extent of imposing cond[-tjons directing the petl.tl|oner herein to execute a bond for Rs.3,00,000/-with one surety for like sum and also furnish bank guarantee for an amount of Rs.3,00,000/- for release of commander Jeep bearing registration No.AP 26 AC 6167 towards I'nterim custody. 2. Heard learned counsel forthe petitioner and the learned Assistant public prosecutor for the state. perused the material on record. 3. The pet,'tioner herein is owner of the subject veh,-cle, which was set-zed I'n Crime No.45/2023 of Munchl'ngput police station. Thereafter, \`- --`so .--=-.-` the petitioner, who is claiming the said vehicle, filed a petition in Crl.M.P.No.1031/2024 before the learned Special Judge seeking interim custody of the said vehicle. The learned Special Judge, by an order dated 27.01.2025, allowed the said petition on the following conditions. 'l[n the result, petition is allowed and the petitioner shall execute a bond for Rs.3 Iakhs with one surety for like sum to the satisfaction of the Court of Judicial Magistrate of First Class, Paderu. The petitioner shall furnish bank guarantee for Rs.3 lakhs. The petitioner shall not alienate the vehicle or change its nature and character or physical features during the pendency of the case. The vehicle shall not be used for the commission of any offence. The Investigating Officer shall take the photographs of the vehicle from all angles for the purpose of future identification of the vehicle. 4. Aggrieved by the conditions imposed bythe learned Special Judge to the extent of directing the petitioner herein to execute a bond for Rs.3 lakhs with one surety for a like sum and to furnish a bank guarantee for an amount of Rs.3 Iakhs the present Criminal Petition is filed. 5. Learned counsel for the petitioner submits that the petitioner belongs to a poor family and is not earning anything to support himself. He is entirely dependent on the earnings of his family for his maintenance. He submits that the learned Special Judge, erred in directing the petitioner to execute a bond for Rs.3 lakhs and furnish bank _al EF guarantee of Rs.3 lakhs, which is onerous, and hence, he prayed to modify the said condition. ,, 6. Considering the difficulties pointed out by the learned counsel for the petitioner, the petitioner herein shall execute a bond for Rs.3,OO,000/- (Rupees three lakhs only) with one surety for like sum to the satisfaction of the learned Judicial Magistrate of First class, Paderu. The second condition imposed by the learned Special Judge in the order dated 27.01.2025 passed in Cr'.M.P.No.1031/2024 to the extent of directing the petitioner herein to furnish bank guarantee for an amount of Rs.3,00,000/-(Rupees three lakhs only) is hereby set aside. The rest of the conditions imposed by the learned special Judge shall remain unaltered. 7. With the above said modifications, the criminal petition is allowed. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed. /ITRUE COPY// To, sD/-K. KASIRAO ACHARl ASSISTA% SECTION O 1. The I Additional District & Sessions Judge -Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. 2. The Judicial Magistrate of First Class, Paderu, AIluri Sitharama Raju District. 3. The Station House Officer, Munchingiput Police Station, AIluri Sitharama Raju District. 4. One CC to Sri. GOLLAPALLI MAHESWARA RAO, Advocate [OPUC] 5. Two CCs to the PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spare copy lSTRAR FICER .. HIGH COURT TMR, J DATED :01 /04/2025 BAIL ORDER CRLP.No.2852 of 2025 ALLOWED