APHC010346712025 IN THE HIGH COURT OF ANDHRA PRA AT AMARAVATI .y MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7236 OF 2025 Between: K Raghavendra, S/o. K Anjinappa Aged about. 37 years, R/02-552 Maruthi Nagar,Somandepalli, Sri Sathya Sai District ...Petitioner AND The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of AP at Amaravathi Through the Station House Officer, Bukkarayasamudram Police Station Anantapur District ...Respondent Petition under Section 528 r/w BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the respondents to release the Mahindra Bolero Pickup FB 1.7T Van bearing No. AP39TM0433 in connection to Crime No. 70/2025 dt:09.04.2025 before Anantapur District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P.Sravan Kumar Reddy, Advocate for the Petitioner and of the Additional Public Prosecutor on behalf of the Respondent. The Court made the following Order: Bukkarayasamudram Police Station 1 APHC010346712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] K MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7236/2025 Between: 1.K RAGHAVENDRA, S/0. K ANJINAPPA AGED ABOUT. 37 YEARS, R/02-552 MARUTHI NAGAR,SOMANDEPALLI, SR! SATHYA SAI DISTRICT ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep. by Public Prosecutor, High Court of AP at Amaravathi Through the Station House Officer, Bukkarayasamudram Police Station Anantapur District ...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 Court pleased to direct the respondentsto release the Mahindra Bolero Pickup FB 1.7T Van bearing NO. AP39TM0433 in connection to Crime No. 70/2025 dt:09.04.2025 before Bukkarayasamudram Police Station, Anantapur District and be pleased to pass lA NO: 1 OF 2025 Petition under Section 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 Court may be pleased to dispense with filing of certified copy of FIR in Crime No. 70/2025 dt;09.04.2025 before Bukkarayasamudram Police Station, Anantapur District pending disposal of the quash petition and pass Counsel for the Petitioner/accused: 1.P SRAVAN KUMAR REDDY 2 Counsel for the Respondent/complafnant: 1. PUBLIC PROSECUTOR I THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7236/2025 ORDER: This Criminal Petition, under Section 528 r/w 503 of B.N.S.S., has been filed by the petitioner herein seeking to direct the respondent to release the vehicle i.e., Mahindra Bolero pickup FB 1.7T Van bearing No. AP39 TM 0433 in connection to Crime No. 70 of 2025 dated 09.04.2025 before Bukkarayasamudram Police Station, Anantapur District, registered for the offence punishable under Section 7(1) of Essential Commodities Act. Heard Sri P. Sravan Kumar Reddy, learned counsel for the petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State/respondent No.1. 3. Learned counsel for the petitioner would submit that the petitioner is the registered owner of the subject vehicle and that if the vehicle is exposed to sun and air, it gets damaged. It is his further submission that the petitioner is ready to abide by the conditions that may be imposed by this Court, if the vehicle is ordered for interim custody. He placed reliance on the decision of the Hon’ble Supreme Court of India in Sunderbhai Ambalal Desai v. State of 2. Gunjarat Learned Assistant Public Prosecutor opposed the petitioner stating that 4. that investigation is pending. 5. The offence alleged is punishable under Section 7(1) of the Essential Commodities Act, 1955. Truth or otherwise of the allegations has to be decided during the course of investigation and trial. Admittedly, the petitioner ‘air 2003 SC 638 4 is the owner of the subject vehicle. If the vehicle is exposed to sun or air keeping in Police Station or court premises, unused, there is every possibility of the same getting damaged. Therefore, in the interest of justice, the vehicle can be ordered to be given for the interim custody of the petitioner, however, by imposing certain conditions. 6. In the result, the Criminal Petition is allowed. However, the subject vehicle i.e., Mahindra Bolero pickup FB 1.7T Van bearing No. AP39 TM 0433 in connection to Crime No. 70 of 2025 dated 09.04.2025 before Bukkarayasamudram Police Station, Anantapur District, is ordered to be given to the interim custody of the petitioner on the following conditions; (a) on his producing the Original R.C., and executing a self bond for the value of the subject vehicle to be assessed by the Motor Vehicle with two sureties for the like Inspector, sum each, to the satisfaction of the jurisdictional Magistrate concerned; (b) on his executing an undertaking that he would not alienate the said vehicle or transfer its ownership or change any physical features of the vehicle; and (c) on his executing an undertaking that he would produce the vehicle as and when directed by the trial court till the court. case is disposed of, in the trial As a sequel thereto, miscellaneous petitions pending,, if any, shall stand closed. Sd/- K SRINIVASA RAJU ASSISTANT REGI^AR //TRUE COPY// SECTION OFFICER To, A. The Station House Officer, Bukkarayasamudram Police Station, Anathapur District. i 2. One CC to Sri. P Sravan Kumar Reddy, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh.[OUT] 4. Two CD Copies vna I HIGH COURT DATED: 14/07/2025 ORDER CRLP NO. 7236 OF 2025 uou3«s »uajjno ^ ^ S sae inr 91 * * 1'5 m 2025 j ‘V ^ Current SecHon a ALLOWING THE CRIMINAL PETITION