.`. -i,A 1 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI , TUESDAY, THE FIRST DAY OF APRIL, TWOTHOUSANDANDTWENTYFIVE ~ :PRESENT: HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3168 OF 2025 / Betwee n : Bonu Vara Prasad, S/o. B. Sl'mhadri, aged about 26 years, R/o. D.No.1-20- 18, Brahamala Colony, 5th Ward, Tunil East Godavari Distriet. . . .Petitioner/3rd Party/Owner AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. 2. Srikara Honda, Near Damro Narayana Raju Gari Street Tuni, East Godavari District. / ...Respondents f7 Petl'tion under sectl'on 439(1)(b) of Cr.P.C and See.483(1) (b) B.N.S.S is filed praying that in the cl'rcumstances stated in memorandum of grounds of Criminal Petition, the High Court may be Pleased tO modify the order passed by the Metropoll'tan Sessions Judge- Gum-I AddI. District & Sessions Judge - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam in crI.M.P. No.41/2025 I'n Cr.No.33/2024 dated 12.03,2025 by considering the situation of the petitioner/3rd Party/Owner as "the petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the Metropoll-tan Sessl-ons Judge-cum-I Addl. DI-Strict & Sessions Judge -Special Judge for Trl'al of Offences under NDPS Act, Visakhapatnam" instead of "the Petitioner to execute a bond for Rs.80,000/-with one surety for like sum to the satisfaction of the Judicl'al First Class MagI-Strafe, Chl'nthapalli, Now AIIuri Sitharama Raju Distr'ICt and Shall furnish bank guarantee Of Rs.80,000/- and permit the Petitioner/3rd Party/Owner to deposit the Surety amount of Rs. 10,000/-without any bank guarantee; rf memo:ahnedup:tltlo:fn ::omu[nndgsonoffo:r:melanr::g;eut:t:Onn PearnudSlnugp:hne hPee:lrtll:: atnh: , / arguments of sri Gollapalli Maheswara Rao, Advocate for the Petitioner and public Prosecutor for the Respondent No.1 ; The Court made the followin Order: This Criminal Petition has been filed against the order, dated 12.03.2025, passed in Crl.M.P.No.41 of 2025 on the file of the learned I Additional District and Sessions Judge-Gum-Special Judge for trial of Offences under the Narcotic Drugs and Psychotropic Substances Act, 1985, Visakhapatnam to the extent of imposing conditions directing the petitioner herein to execute a bond for Rs.80,000/-and also furnish bank guarantee for an amount of Rs.80,OOO/-for release of Honda Shine 125 Motorcycle bearing registration No.AP 40 CF 6580 towards interim custody. 2. Heard learned counsel for the petitio`ner and the learned Assistant Public Prosecutor for the State. Perused the material on record. --. vsF# 3. The petitI-Oner hereI-n iS owner Of the Subject Vehl-Cle, WhI®Ch Was seized in crime No.33 of 2024 of G.K.VeedhI' Police Station. Thereafter, the petitioner, who js clal'ming to be the owner of the said vehicle, filed a petI-tl®On I'n Crl.M.P.No.41 of 2025 before the learned Special Judge seeking l'nterim custody of the said vehicle. The learned Special Judge, by an order dated 12.03.2025, aHowed the saI-d PetitI'On On the following conditions. llln the result, the petition is allowed. The petitioner shall execute a bond for Rs.80,000/- (Rupees Eighty thousand only) with one surety for like sum to the satisfactI-On Of Judicial First class Magistrate, ChinthapaIIi. The petitI'Oner shall furnish bank guarantee for Rs.80,OOO/-. The petitioner shall produce the vehI'Cle before this Court as and when he I'S directed durI'ng the trial and also during confiscation proceedings, I'f any, Such Proceedings are initiated. The petitioner shall not aII'enate the Vehicle or change I-tS nature and character or physI'Cal features durI'ng the pendency of the case. The vehicle shall not be used for the commission of any offence. The lnvestigat,'ng Officer shall take the photographs of the vehicle from all angles for the purpose of future jdentificatl'on of the vehicle. E=_ ~ I- i= Liz iE i= +Jif _ r/ 4. Aggr-leved by the COnditiOnS imposed by the learned Spec-lal Judge to the extent of directing the pet'ltioner herein to execute a bond for Rs.80,000/- w'lth one surety for a like sum and to furnish a bank guarantee for an amount of Rs.80,000/-, the present Criminal Pet'ltion is filed. 5. Learned counsel for the Petitioner Submits that the Pet'ltiOner 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 ma'lntenance. He submits that the learned Special Judge, erred in directing the pet®ltioner to execute a bond for Rs.80,OOO/- and furnish bank guarantee of Rs.80,000/-, wh-lch 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.80,OOO/- (Rupees Eighty thousand only) With One Surety for like sum to the satisfaction of the learned I Additional District and Sessions Judge-cum- special Judge for trial of Offences under the Narcotic Drugs and psychotropic substances Act, 1985, Visakhapatnam and the Second condition imposed by the learned spec-lal Judge in the order, dated 12.O3.2025, passed in Crl.MP No.41 of 2025, to the extent of directing the pet'ltioner herein to furnish bank guarantee for an amount of G,€ / \` Rs.80,000/-is hereby sefasI'de. The rest of the condl-tl-ons imposed by the learned specI-al Judge shall remaI-n unaltered. 7. with the above said modjfI-Call-OnS, the CrI-minal PetjtI'On jS allowed. As a sequel thereto, the miscellaneous appI1-Call-OnS, I'f any, pending Ion thl's crI-minal Petl®tion shall stand closed. A A - SD/-K.J.RAJA BABU ASSISTANT R //TRUE COPY/ Luf Jr| TRAR SECTION OFFICER ---I -`IL`+r`iJ, TT`~,lr` To] .1. Metropolitan Sessions Judge-Gum-I Addl District & Sessions Judge- Special JudgeforTrial ofOffences under NDPS Act, , Visakhapatnam. 2. The Judicial First Class Magistrate, Chinthapalli // 3. Srikara Honda, Near Damro Narayana Raju Gari Street Tunl', East Godavari District. (byRPAD) ~ 4. One CC to Sri. Gollapalli Maheswara Rao, Advocate [OPUC] 7 5. Two CCs to Public Prosecutor, High Court of AP [OUT] 6. One spare copy un \- Ei ./ HIGH COURT TMR,J DATED :01 /04/2025 ORDER CRLP.No.3168 of 2025 ALLOWED i,:Ill,I --f'-...,-ir=.' *;Sv¢prG` frL lS£{a l® =\ qttpR \ll'l5 REEEHE=E#=Ei