I- \ i J} IN THE HIGH CO,URT OF ANDHRA PRADESH AT AMARAV TUESDAY, THE TWENTY FIRST DAY OF JANUAR TWO THOUSAND AND TWENTY FIVE :PRESENT: '& THE HONOURABLE SRI JUSTICE K SREENIVASA RE CRllVIINAL PETITION NO: 8102 OF 2024 •? =i=\S Betwee n l' 1~ 1. Salma Taj, C/o Syed Khader Aged 31 years, R/o 7th Main, 6th Cross yaseen Nagar, HBR Layout 2nd block, 1st stage Bangalore North, Kalyan Nagar, Karnataka state. 2. Mohammed lmran, S/o Mohammed lntyaz, Aged 28 years, R/o D.No.816, 10th cross C Street, Vinobha Nagar, KG Hall, Bangalore North, Arabik Collage, Bangalore, Karnataka State. ...Petitioner/Accused No.1 a 2 AND The State Of AP, rep by its public prosecutor, Hl'gh Court of Andhra Pradesh at Amaravati, Through its s.H.O., Araku Valley Police Station. ... Respondent/comp[ainant petition under section 439 (1) of Cr.P.C (Section 483 (1) of BNSS), praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to relax the condition in para No.9 on execution of personal-bond for Rs.50,000/-to Rs.10,000/-each with two sureties order made in crl.M.P.No.2563/2024 on the file of the court of the Metropolitan sessl'ons Judge -Gum- I Addl. District and sessions Judge - Gum- special Judge for Try the Offences under NDPS Act at Visakhapatnam, dated 05-ll-2024 The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearI-ng the arguments of Sri PANGI RAJU BABU, Advocate for the petitioner and of pubII®C Prosecutor for Respondent, the court made the following. ORDER: [3327] TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY gB!j±±±L!±!A±.EEI![I!Q!!b!.O ,81 Q2 g_E|2Q2± Betwee n : Salma Taj and another The State of AP Rep, byits PP` --...PETITIONER/ACCUSED(S) AND ...RESPONDENT/COMPLA'lNANT counsel for the petitioner/accused(S): 1. PANGI RAJU BABU counsel for the Respondent/COmPlainant 1, PUBLIC PROSECUTOR The Court made the following ORDER: The Criminal Petition, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed seeking to modify the condl'tion imposed in the order dated 05.ll.2024 passed in crl.MP No.2563 of 2024 by the learned I Additional District and Sessions Judge-Gum-Special Judge for trial of offences Lmder the NDPS Act, Visakhapatnam (in Crime No.64 =+ <zof2of.lit 2 I/ of 2024 of Araku Valley Police Station) by reducing surety amount from Rs.50,000/-to Rs.10,000/-. 2. The petitI'OnerS herein/Al and A2 filed CrI.MP No.2563 of 2024 on the file of the learned I Additional District and sessions Judge-Gum-special Judge for trial of offences under the NDPS Act, Visakhapatnam for grant of bail in crime No.64 of 2024 of Araku Valley Police Stall-on, for the offence punishable under Sectl'on 20(b)(ii)(B) read with 8(c) of the NDPS Act. The learned Sessions Judge, by an order dated o5.ll.2024, allowed the said application, which reads as follows. llln the result, the petitl-on is allowed and the Petl'tiOnerS/Al and A2 are ordered to be released t on bail on their execution of personal bond for Rs.50,000/- each with two sureties for like sum each to the satisfaction of the court of Judicial Magistrate of First Class, Araku Valley and on such release, the petitioners/Al and A2 shall appear before the Station House Officer, Araku Valley Police Station once in a week i.e., on every Sunday between 10.00 am and ll.00 am for a Period Of One year. The petitI'Oner/Al shall not leave the R/o 7th main, 6th cross Yaseen Nagar, HBR, Layout 2nd block,1St stage Bangalore North, Kalyan Nagar, Karnataka state and petitioner/A2 shall not leave R/o D.No.816,10th cross C Street, I+ iE= 3 I/ vinobha_Nagar, KG Hall, Bangalore North, Arabik college, Bangalore, Karnataka State without prior perm`ission of the Court and they shall make available their location through mobile phone by pairing it with the mobile Phone Of the investigating officer round the clock." 3. Questioning the condition imposed by the learned sessions Judge to the extent of directing the Petitioners herein to execute self bonds for Rs.50,000/- each with two suret'leS for like sum each, they filed the present Criminal Petition seeking modificat'lon of the said condition. 4. Heard. Perused the record. 5. Learned counsel for the Petitioners Submits that the condition imposed by the learned Sessions Judge is onerous one and though the order was passed on 05.ll.2024, the petitioners could not be released for the reason that they could not mobilize the funds tO the tune Of Rs.50,OOO/-each, as they are coolies. Hence, he seeks tO modify the condition imposed by the learned sessions Judge for release of the petitioners. 6. In view of the aforesaid facts and Circumstances, this court -ls inclined to modify the condition imposed by the Court Q-=1C= -i-=st--` I- 4 below Accord,ng'y, the condltIOn ,mposed by the learned I AddJtJOna' D,strl'et and sessIOns Judge-cwm-speclal Judge for trJa' of offences under the NDPS Act, v,sakhapatnam, Jn the order ln Crl MP No.2563 of 2024, dated o5 ll 2024, ls modlfied as follows The petltJOners/Al and A2 sha" be released on ba" on the,r executl'ng personal bonds for Rs 10,000/-(Rupees Ten Thousand only) each wlth two suretles for the llka sum each to the satISfactlon of the learned Judlc,'a' Mag,strafe of F,rst class, Araku valley " ,'s made clear that rest of the condlt,ons as 'vmop::eR: nbfy.tnh.e^ Ie_:rned sessIOns Judge ln th`e'-or-due\r::\Ocnr: Ma: No 2563 of2024, dated o5112024, sha" rema,n unaltered 7 Accord,ng'y, the crl|m,'na' pet,tJOn ,'s a"owed. 8>endlnAaslf :n:e.qhu:: _:heretO' the mISCeIIaneous applICatIOns, pendl'ng I'f any, sha'' stand closed. SD/- p,vINOb ASSISTANT KUMAR 3lSTRAR To, //TRUE COPY// Fol SECTION OFFICER 1 The Metropolltan sessIOns Judge Gum I Addltfonal DlstrICt & sesslons Judge - specfaI Judge for TrJal of offences under NDPS Act, vl'sakhapatnam 2. The 3. The 4. one 5. Two v I w uus to publIC Prosecutor, High court ofAndhra pradesh [ouTJ _-_ I_I VuJ 6. one spare-copy superintendent, central Prison, vl-sakhapatnam s.H.O., Araku valley poll'ce stall-on, cc to sRl PANGI RAJU BABU Advocate [opucJ cos to pllhll-r Dr^^^---1 - 2 2,jAN 2025 HIGH COURT SRK,J DATED:21/01/2025 BAIL ORDER CRLP.No.8102 of 2024 ALLOWED I