APHC010445072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8864/2025 Between: 1. BACKIARAJ, S/O. BABU, R/O. BLOCK NO. 75, FS, SESHADRI NAGAR, PADI, PADIPETA, TIRUPATI RURAL, TIRUPATI DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati ...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 Courtmay be pleased to relax the condition in the order dt.11.07.2025 passed in CrI.M.P.No.295/2025 on the file of the I Additional District & Sessions Judge, Chittoor District at Chittoor i.e., petitioner/A.l is permitted to take the vehicle viz., Honda Motor Cycle bearing Registration No. AP 40 DK 3855, for INTERIM CUSTODY on furnishing Bank(Nationalized) Guarantee for Rs.1,00,000/- (Rupees one lakh only) before this court Counsel for the Petitioner/accused: 1. D PURNACHANDRA REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8864/2025 ORDER: The instant petition under Section 482 of BNSS., has been filed by the Petitioner, seeking to relax the condition in the order dt.11.07.2025 passed in CrI.M.P.No.295/2025 on the file of the learned I Additional District & Sessions Judge, Chittoor District at Chittoor i.e., petitioner/Accused No.1 is permitted to take the vehicle viz., Honda Motor Cycle bearing Registration No. AP 40 DK 3855, for interim custody on furnishing Bank (Nationalized) Guarantee for Rs.1,00,000/- (Rupees one lakh only) before the Court. 2. Heard Sri D.Purnachandra Reddy, learned counsel for the petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that the case is lodged against the accused for the offence punishable under Sections 20(B)(i), 20(b)(ii)(B) r/w 8(c) of NDPS Act. The petitioner has filed Crl.M.P.No.295 of 2025 before the I Additional District & Sessions Judge, Chittoor District at Chittoor seeking interim custody of the vehicle which was allowed on a condition to show the Bank guarantee for Rs.1,00,000/-. The petitioner is a poor person. He could not afford the said condition. Learned counsel for the petitioner would submit that modifying the said condition is necessary in this matter. 3 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 5. Considering the submissions made and a fair look at the material placed on record, as can be seen from the order passed by the I Additional District & Sessions Judge, Chittoor District at Chittoor Court, he has been directed to place bank guarantee for Rs.1,00,000/- 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.1,00,000/- with two sureties for the like sum each to the satisfaction of the concerned Court’ instead of showing bank guarantee, as was ordered earlier and all other conditions in Crl.M.P.295 of 2025 holds good. 6. In the result, the Criminal Petition is allowed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 08.09.2025 UPS 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8864/2025 Dated.08.09.2025 UPS 140 5