APHC010337202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7013 OF 2025 Between: Nimmakayala Hanumantha Srinivasa Rao, S/o. Venkataratnam naidu, aged about 49 years, Occ: Cultivation, R/o. Pedagadavilli Village, Uppalaguptam Mandal, B.R. Ambedkar Konaseema District Formerly East Godavari District ...Petitioner/Accused AND 1. The State of Andhra Pradesh, Rep.by its Public Prosecutor, The High Court of Andhra Pradesh at Amaravathi, Andra Pradesh. ...Respondent 2. Ganisetti Govindarajulu, S/o. Subbarao, Aged about 60 years, Occ: Cultivation, R/o. Sannavilli Village, Uppalaguptam Mandal, Ambedkar Konaseem District, formerly (East Godavari District), Andhra Pradesh. ...Respondent/De-facto Complainant Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the record and set aside the onerous condition i.e. depositing of Rs.72,000/- being 20% of the 3,60,000/- before the Trial court compensation amount of Rs. on or before 23.07.2024 vide order in CrI.M.P on the file of the court of the II Additional District and Sessions Judge. Amalapuram, consequently modified the same. No. 184 of 2024 in CrI.A. No. 154 of 2024 lA NO: 2 OF Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of operation the Rs. 72,000/- being 20% of the the Trial court onerous condition i.e. depositing of compensation amount of Rs. 3,60,000/- before on or before 23.07.2024 order in CrI.M.P No. 184 of 2024 IN CrI.A. No. 154 of 2024 on the file of the court of The II Additional District Sessions Judge, Amalapuram orders dated 23.05.2024. and Counsel for the Petitioner: SRI DASARI SVVSV PRASAD Counsel for the Respondent No.1: PUBLIC PROSECUTOR Counsel for the Respondent No.2: None Appeared The Court made the following Order: I< ' APHC010337202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7013/2025 Between: 1.NIMMAKAYALA HANUMANTHA VENKATARATNAM NAIDU CULTIVATION, R/0. PEDAGADAVILLI VILLAGE, UPPALAGUPTAM MANDAL, B.R. AMBEDKAR KONASEEMA DISTRICT FORMERLY EAST GODAVARI DISTRICT SRINIVASA RAO, S/0. AGED ABOUT 49 YEARS. OCC ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR, THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI, ANDRA PRADESH 2.GANISETTI GOVINDARAJULU, S/0. SUBBARAO YEARS, OCC AGED ABOUT 60 R/0. SANNAVILLI VILLAGE, : KONASEEM DISTRICT,’ FORMERLY (EAST GODAVARI DISTRICT), ANDHRA PRADESH. CULTIVATION, T UPPALAGUPTAM MANDAL AMBEDKAR ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. DASARI S V V S V PRASAD Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: / ORDER:- The learned counsel for the petitioner submits that the petitioner was convicted for the alleged offence under Section 138 of the Negotiable Instruments Act in C.C.No.531 of 2015. The petitioner thereafter filed Crl.A.No.154 of 2024, and the learned II Additional District and Sessions Judge, Amalapuram, suspended the sentence, subject to the petitioner depositing 20% of the compensation amount. The petitioner days time to deposit the said amount. It is submitted that the petitioner could not comply with the conditional order, and was granted 60 consequently, a Non-Bailable Warrant was issued against the petitioner. 2. It is further submitted that the petitioner was arrested and remanded to judicial custody. It is submitted that the petitioner's wife has now pledged her gold ornaments and was able to mobilize the amount required to comply with the directions of the Court. 3. Considering the submissions of the learned counsel for the that an amount of Rs.72,000/- will be deposited within petitioner one week from today, this Court is inclined to allow the petition by directing the petitioner to deposit the said amountwithin a period of one week from the date of receipt of a copy of this order. Upon such deposit, the petitioner shall be released on bail, subject to the petitioner furnishing a personal bond for a sum of Rs.5 000/- with two sureties for a like sum each, to the satisfaction of the Principal Civil Judge (Junior Division)-cum-Judicial Magistrate of First Class, Amalapuram. / 3 4. Accordingly, this Criminal Petition iIS allowed. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- U SRIDEVI ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To Additional District and Sessions Judge, Amalapuram, East Godavari District. 2. The Principal Civil Judge (Junior Division)-cum-Judicial Magistrate of the First Class, Amalapuram, East Godavari District Superintendent, Rajamahendravaram Central Prison Godavari District. (6Y SPEED POST) 4. One CC to Sri Dasari S VV S V Prasad, Advocate [OPUC] 5. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 6. Two CD Copies 1. The II East 3. The SAM vna HIGH COURT DATED;09/07/2025 \ ORDER CRLP No. 7013 of 2025 g 10JU12I)25 „ ^ . Current Section . ^ ml ALLOWING THE CRLP