s NN I42025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI v: MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7126 OF 2025 Between: Mandala Demudamma, W/o Mandala Demudu Babu, Aged 39 years, R/o, 9-4- 242/5, Krishna Nagar, High School Road, Gajuwaka, Visakhapatnam. ...Petitioner/A.2 AND The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati, Through its S.H.O, Dumbriguda PS. ...Respondent/Complainant Petition under Section 484 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to modify the condition in Para No.9 on furnish bank guarantee for Rs.80,000/- to execute as one surety order made in Crl.M.P.No.165 of 2025 in Cr.No.04 of 2025 of Dumbriguda Police Station on the file of the Court of the I Additional District & Sessions Judge -cum- Special Judge for trail of offences under NDPS Act at Visakhapatnam, dated 19-03-2025. Counsel for the Petitioner: SRI PANGI RAJU BABU Counsel for the Respondent PUBLIC PROSECUTOR The Court made the following order: 1 4^ APHC010344542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AWIARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7126/2025 Between; 1.MANDALA DEMUDAMMA, W/0 MANDALA DEMUDU BABU, AGED 39 YEARS, R/0, 9-4-242/5, KRISHNA NAGAR, HIGH SCHOOL ROAD, GAJUWAKA, VISAKHAPATNAM. ...PETITIONER/ACCUSED AND 1.THE STATE OF AP, rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati, Through its S.H.O, Dumbriguda PS ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to modify the condition in Para No.9 on furnish bank guarantee for Rs.80,000/- to execute as one surety order made in Crl.M.P.No.165 of 2025 in Cr.No.04 of 2025 of Dumbriguda Police Station on the file of the Court of the I Additional District & Sessions Judge - cum- Special Judge for trail of offencesunder NDPS Act at Visakhapatnam, dated 19-03-2025and pass Counsel for the Petitioner/accused: 1.PANGI RAJU BABU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7126 /2025 ORDER: The instant petition under Section 484 of BNSS., has been filed by the Petitioner, seeking to modify the condition in Para No. 9 on furnish bank guarantee for Rs.80,000/- to execute as one surety order made in Crl.M.P.No.165 of 2025 in Cr.No.04 of 2025 of Dumbriguda Police station, on the file of Court of the I Additional District & Sessions Judge-cum-Special Judge for trial of offences under NDPS Act at Visakhapatnam dated 19.03.2025. Heard Sri P. Raju Babu, learned counsel for the petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 2. Learned counsel for the petitioner would submit that the petitioner is a third party who is not involved in the case. The case is lodged against the accused for the offence punishable under Sections 20(b)(ii)(B), 25 r/w 8(c) of 3. NDPS Act. The petitioner has filed Crl.M.P.No.165 of 2025 before the Special Court seeking interim custody of the vehicle which was allowed on a condition to show the Bank guarantee for Rs.80,000/-. The petitioner is a poor person. She could not afford the said condition. Learned counsel for the petitioner would submit that modifying the said condition is necessary in this matter. The bank guarantee can be modified to placing surety. 3 % 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriateorders. Considering the submissions made and a fair look at the material 5. placed on record, the petitioner is not an accused in the case. She is a third party, her vehicle was taken by somebody and the vehicle is involved in the incident leading to lodging of case for the offence punishable under Sections 20(b)(ii)(B), 25 r/w 8(c) of NDPS Act. As can be seen from the order passed by the Special Court, he has directed to place bank guarantee for Rs.80,000/- for which, the petitioner could not afford. In that view, it is apposite to consider the petition by modifying the condition to the effect of the ‘the petitioner executing a personal bond for Rs.80,000/- with two sureties for the like sum each to the satisfaction of the Special Court instead of showing bank guarantee, as was ordered earlier and all other conditions in Crl.M.P.165 of 2025 holds good. 6. In the result, the Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- K J RAJA BABU ASSISTANT REGISTRAR /i/y^ //TRUE COPY// SECTION OFFICER To 1. The I Additional District & Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. 2. One CC to Sri. Pangi Raju Babu, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh. [OUT] 4. Two CD Copies Pmg •'1^ HIGH COURT DATED:14/07/2025 ORDER CRLP NO. 7126 OF 2025 =( 2 3 JUL 2025 OV «>» rrentSectioQx^^ ★ DISPOSING THE CRLP