.6# fN THE HIGH COURTOF ANDHRA PRADESH AT AMARAVATl ltj'i? TUESDAYJHE FIRST DAY OFAPRIL, - ,;i-rf5€ two THOUS..ApNRDESAENNDT:WENT#vE u \}ct:: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO Between.. CRIMINALPETITIONNO.,3174OF2025 u H= Harlsh Kumar, s/o p RaJu, aged about 35 years, R/o D No 115, Nethara vathI',1st street, uday Nagar, Bangalore, Karnataka state. ~ t ...petl-tI-Oner/Accused No.1 L AND The state of Andhra pradesh, Rep by Its publlc prosecutor, Hlgh court of EE= Andhra pradesh. ...Respondent petI'tIOn under sectIOn 439m of cr p c and see.483m of BNSS, I-s P= r filed prayfng that Jn the clrcumstances stated ,n the grounds flled ln support of the crlmf'nal petltIOn, the HIgh Court may be pleased to modJfy the order passed by the Metropolltan sesslons Judge-Gum-I AddI DlstrICt & Sess,Cons Judge - specla' Judge for Tr,al of offences under NDPS Act, vJSakhapatnam ~ Jn Crl M P No 3139/2022 ln cr No 65/2022 dated 23 08 2022 by conslderlng V V the s\tuatIOn a"he petltIOnerlAccused No 1 as I. pet:t:::e:lV:1£tuoybCeO:eS::=r:net: J on bail on executing a self-bond for Rs.10,000/-(Rupees Ten Thousand r/ only) with single surety for a like sum to the satisfaction of Metropolitan sessions Judge-cum-I Addl. District & Sessions Judge - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam" instead Of tlpetitioner/Al to be released on bail on executing a self bond for Rs.1,00,000/- (Rupees One Lakh only) with two sureties for a like sum each tO the satisfaction of Addl. Judicial First class Magistrate, Narsipatnam, now Anakapalli District and permit the Petitioner/Accused No.1 to deposit the E= E= surety bond amount of Rs.10,000/-with single surety instead of Rs.1,00,000/- with two sureties. v,~ The petition coming on for hearing, upon perusing the Petition and the •/ grounds filed in support thereof and upon hearing the arguments of Gollapalli MaheswaraT€o, Advocate for the Petitioner and of Public Prosecutor for Respondent, the Court made the following APHCO10148622025 EHH L IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original JurI-Sdl-CtiOn) [3369] TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 31 74/2025 Betwee n : Harish Kumar The State Of Ap ...PETITIONER/ACCUSED AND ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: The Criminal Petition has been filed by the petitioner herein, seeking modification of the conditions in the order vide Crl.M.P.No.3139 of 2O22 dated 23.08.2022 on the file Of the learned Metropolitan Sessions Judge-Gum-I Additional District & Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakapatnam. 2. Originally, the petitioner herein has filed a petition for grant of regular bail in Crime No.65 of 2022 of K.D.Peta Police Station. By an order, dated 23.08.2022, the learned Metropolitan Sessions Judge-cum-I Additional District & Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakapatnam allowed. the said petition by imposing certain conditions. Aggrieved by the said EEEEE 2 + conditions imposed by the learned Sessions Judge. The present Criminal Petition is preferred by the petitioner to modify the conditions imposed while granting bail. 3. It is submitted that despite grant of bail by the Metropolitan Sessions Judge, Visakhapatnam in Crl.M.P.No.3139 of 2022, petitioner could not furnish sureties for Rs.1,00,000/- with two sureties to the satisfaction of the Additional Judicial Magistrate of First Class, Narsipatnam. He further contends that the petitioner belonged to poor family. Due to the said reason, the petitioner is unable to furnish the surety for Rs.1,OO,000/-. In the said facts of the case, petitioner requests to consider his case on humanitarian grounds. 4. Learned counsel for the petitioner relied on a decision reported in SMWP (Criminal) No.4 of 2021 dated 31.01.2023 on the file of the HonJble Supreme Court wherein it is observed that "if the bail bonds are not furnished within one month from the date of grant bai/, the concerned Court may suo-motu take up the case and consider whether the conditions of bail require modifilcation/relaxation''. 5. It seems that the Court which granted bail to the petitioner in this Crime has not taken such steps, thereby forced the petitioner to approach this Court. There is nothing on record to 3 + show that the said submI®SSiOnS are incorrect, aS Such this Court is inclined to modify the bail conditions. 6, In the result, the criminal petition is allowed and the Petitioner Shall be released on bail on his executing bond for Rs,25,000/- (Rupees twenty five thousand only) with one surety for the like sum each to the satisfaction of the learned Additional Judicial Magistrate of First class, Narsipatnam. It is hereby made clear that the other conditions imposed by the court below shall remain same. As a sequel thereto, the miscellaneous applications, jf any, Pending in this Criminal petition shal, stand closed. /ITRUE COPY// SD/-M.PRAB ASSISTANT ` .... KARA RAO STRAR SECTION OFFICER To, 1. The Metropoll'tan sessions Judge-Gum-I Addjtl-onal Djstrl'ct & sessI-OnS Judge-special Judge for Trial of offences under NDP€ Act, VIsakhapatnam. 2. The AddI'tiOnal JudicI-aI Magl-strafe of First class, Narsipatnam.~ 3. The Superl-ntendent, central Jal|l, Visakhapatnam. ~ 4. The Statl'on House officer, K.D.Peta police statI'On, AnakapalII-DI'StriCt. -y, 5. One CC to SRI GOLLAPALLI MAffESWARA RAO, Advocate [OPUC] 6. Two cos topuBLIC PROSECUTOR, High Court of A.P., AmaravatI-.[OUT] 7. Onesparecopy. , PSD c==--=` HIGH COURT TMR,J DATED.. 01 /04/2025 ORDER CRLP.No.3174 of 2025 ALLOWED q| I. _ + ¥;,i,!J,lE €```%*%seRE`#EEse# `l . .~\ -..`-.\ -