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2025 DAILYLAW 14406 (AP)

MARADA SAI KUMAR @ SORAPITTA v. THE STATE OF ANDHRA PRADESH

CRLP/3821/2025 · 2025-04-17

T Mallikarjuna Rao

body2025

Judgment text

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IN THE HIGH COUR,,I OF ANDHRA PRADESH AT AMARAVA THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE .I PRESENT.I THE HONOURABLE SRrJUSTICE T MALLIKARJUNA RA CRIMINAL PETITION NO.- 3821 OF 2025 Betwee n : Marada saI- Kumar @ sorapI'tta; S/o. Late Poll-reddy, aged about 26 years, R/o. D.No.4-4-24, KagI-thala Street, Pedda Waltal'r, vlsakhapatnam cl'ty, presently res,'dI'ng at B-12, GF-5, Amaravathi Nagar, KommadhI-, Madhurawada, vI-Sakhapatnam, Vl'sakhapatnam DI-Strict, A. P. AND --'PetI-tI-Oner/Accused The state of Andhra pradesh, Rep by I-tS Public prosecutor, HI-gh Court of Andhra pradesh. u.Respondent petition under sectI|On .439(U of Cr.P.C & Under section 483(1) of BNSS praying that jn the clrcumstances stated jn the memorandum of grounds filed in support of the- CrI'ml-hal PetI'tiOn, the High court may be pleased to modify the order passed by the Metropolitan sessions Judge-Gum-I AddI. DI'Strl'ct and SessI'OnS ~Jutdg-e : speclaI Judge for TrI-al Of Offences under NDPS Act, VIsakhapatnam Ion crl.".p. No.13/2025 I-n Cr. No. 254/2024 dated 24.01.2025 by considering the sI'tuation of the petitioner/Accused as {'petl'tI-Oner/Accused to be released on ball' on executing a self bond for Rs.10,000/-(Rupees Ten Thousand only) with sI'ngle surety for a lI-ke sum to`c the satisfaction of Metropolitan Sessions Judge-Gum-I Add'. DI-Strict & sessions Judge - special Judge for Trial of Offences under NDPS Act,' vl'sakhapatnam" instead of petl'tjoner/Accused to be released on baw on executing a self bond for Rs.1,Plo,000/-(Rupees one Lakh only) with two: sureties for a ,ike sum each iol the satl-sfactI-On of " AddI. Chief Judl-cI-aI! Mag''strate, vlsakhapatnam and- permit the petI'tl'Oner/Accused to deposit the4 surety bond amount of Rs. 10,000/- with single surety instead of Rs.I 1;,00,000/-with two suretl-es. ~-I `-`` i The petI-tI'On coming on for hearing, upon perusI'ng the Petition and the memorandum of grounds fI'ledt ln support thereof and upon hearing the atguments of SRI GOLLAPALLI MAHESWARA RAO Advocate for the petjtjoner, and of PUBLIC PROSECUTOR, for the Respondent,I i,,. i_` ' _. `ists APHCO10179592025 EHE ETEEI ~/ lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (special original JurI-SdiCtiOn) [3369] THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE LIONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIIVIINAL PETITION NO: 3821/2025 Between : Marada Sai Kumar @ Sorapitta u.PETITIONER/ACCUSED AND The State Of Andhra ..|RESPONDENT/COIVIPLAINANT Pradesh Counsel for the Petitioner/accused: 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Coult made the following Order: The Criminal Petition has been filed by the Petitioner herein, seeking modification of the conditions in the order vide crl.M.P.No.13 of 2025 dated 24.01.2025 on the file Of the learned I Additional District & Sessions Judge-Gum-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.254 of 2O24 of II Town Police Station, visakhapatnam city. By an order, dated '24.01.2025, the 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 COnditiOnS imposed by the learned Sessions Judge, the Present Criminal _z3P tq ., +_A 2 r/ 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 learned sessions Judge, Visakhapatham in Crl.M.P.No.13 of 2025, _petitioner could not furnish suret-les for Rs.1,00,000/- with two sureties to I-he satisfact:ion of the II Additional Chief Judicial 'Magistrate, Visakhapatnam. 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.1,00,000/-. Moreover, the contraband said to be involved in this Case iS 1.5 Kgs of Ganja. 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 ba-ll, the concerned court may suo-motu take up the case and consider whether the conditions of bai/ requ-Ire modification/relaxation''. 5. It seems that the Court which granted bai'l tO thePetitiOner in this crime has not taken such steps, thereby forced the petitioner to approach this court. There is nothing On record tO `,-` ~ E|J+rf •.\'±.. 3 Jrr show that the sa-ld submiss-,ons are incorrect, as such th'ls court is inclined to mod-lfy the bail conditions. 6. In the result, the Cr-lm-,nat Pet®ltiOn -lS allowed and the pet-ltioner sha" be released on bail on his executing bond for Rs.10,000/- (Rupees ten thousand Only) With OneJ surety for the like sum each to the satisfaction of the learned II Additional Chief Judicial Mag-,Strate, VisakhaPatnam. It is hereby made Clear that the other cond-ltions imposed by the court below sha" remain Same. As a Sequel thereto, the miscellaneous applications, if any, pend-lng -ln this criminal petit'lon shall stand closed, \-.C.. 3 ` --. _.-`-I --i._ - '- .;-:i `. ..€= .- -I -.`.-. ilri*UE COPY I I E= AS S I SSEkg§SPsETVkR I-sEC'+loN OFFICER O t=4-,``ng`,A`v - Judge-OPt3ulou uurj¥_ visakhapatnam , visakhap.atnam District 2. The " Additional . Chiefl Judicial Magistrate, VisakhaPatnam, visakhapatnam District I: . 't 3. The Superintendent, Central Prison, VisakhaPatnam, VisakhaPatnam __ _I.__rn r_iT\/ The Metropolitan Sessions Judge-Gum-I Additional District & Sessions .. . T-.*`.i.:r ..i...i. .. .`g.I. Judge-SpeClal Judge `fOr Trial Of OffenCeS Under NDPS Act, I ,I_ Ll,l|^'na+ham I)istriCt I ,-_ _I,I_^n-+ham I [lt= `Jut`/\+...I-_-_ The Station House Offl6er; ll, Town Police Station, VisakhaPatnam City District oJ\*=Gea kth€Si€ i+s==±..D_*±+C*DPA LQLEln¥ATHoER€ INH#gRhAcRoAu% £tdVAOnCda+=atOp=aUdCe\s t visakhapatnam District Two CCs to PUBLIC PROSECUTOR, High Court Of Andhra PradeSh 4. 5.. 6- [O UT] 7. One spare COPY . Ir..'+ HIGH COURT TMR,J DATED.I 17/04/2025 BAIL ORDER CRLP.No.3821 of 2025 ALLOWED %S-SG\^L &&fl 22 APR 2025 _\ . \ a