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2025 DAILYLAW 31556 (AP)

Jagabandhu Muduli v. The State of Andhra Pradesh

CRLP/9015/2025 · 2025-09-22

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010454422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9015/2025 Between: 1. JAGABANDHU MUDULI, S/O. KAMALU MUDULI, AGED ABOUT 42 YEARS, R/O. SILAPANDI, SAGAR NANDAPUR, SAGAR, BADASAGA, KORAPUT DISTRICT, ODISHA STATE ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH. 2. THE MANAGER, MAHINDRA AND MAHINDRA FINANCE LIMITED, KORAPUT. 3. JAGU KHARA, S/O. SUTHI KHARA, AGED ABOUT 42 YEARS, R/O. BALLELA VILLAGE AND PANCHAYAT, MACHKUND BLOCK, KORAPUT DISTRICT, ODISHA STATE. ...RESPONDENT/COMPLAINANT(S): 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 modify the order passed by the Hon’ble Metropolitan Sessions Judge-cum-l Addl. District & Sessions Judge - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam in CrI.M.P. No.296/2025 in Or. No. 49/2024 dated 21.04.2025 by considering the situation of the Petitioner/Accused No.2/Owner as “the petitioner shall execute a bond for Rs.30,000/- (Rupees Thirty Thousand only) to the satisfaction of the Hon’ble Metropolitan Sessions Judge-cum-l Addl. District & 2 Sessions Judge Special Judge for Trial of Offences under NDPS Act, Visakhapatnam instead of “the Petitioner to execute a bond for Rs.6,00,000/- with one surety for like sum to the satisfaction of the Hon’ble Judicial Magistrate of First Class, Paderu and shall furnish bank guarantee of Rs.6,00,000/- and permit the Petitioner/3'^'^ Party/Owner to deposit the surety amount of Rs.30,000/- without any bank guarantee and pass Counsel for the Petitioner/accused: 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9015/2025 ORDER: This Criminal Petition has been filed against the Order, dated 21.04.2025, passed in Crl.M.P.No.49 of 2024 by the learned Metropolitan Sessions Judge-cum-I Additional District & Sessions Judge-Special Judge for Trial of Offences under NDPS Act, to the extent of imposing conditions directing the petitioner herein to execute a bond for Rs.6,00,000/- and also furnish bank guarantee for an amount of Rs.6,00,000/- for release of vehicle i.e., MAHINDRA BOLERO Pick up Van bearing registration No. OD 10 U 5148 towards interim custody. 2. 2. Heard Sri Gollapalli Maheswara Rao, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. 3. It is submitted by the learned counsel for the Petitioner and acceded to, by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by an Order passed by a Coordinate Bench of this Court vide Criminal Petition No.655 of 2025, dated 31.01.2025. 4. Considering the submissions made, following the said Order passed by a Coordinate Bench of this Court in Criminal Petition No.655 of 2025, dated 31.01.2025 and taking into consideration of the facts and circumstances of the case, the condition imposed by the learned Special Judge in the Order, 4 dated 21.04.2025, passed in Crl.M.P.No.49 of 2024, to the extent of directing the Petitioner to furnish bank guarantee for an amount of Rs.6,00,000/- is hereby set aside. The rest of the conditions imposed by the learned Special Judge shall remain unaltered. 5. With the above said modification, the Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 23.09.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9015/2025 Dated.23.09.2025 UPS 64