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2025 DAILYLAW 35139 (AP)

DHONI SATISH ALIAS GASAGASALU v. The State of Andhra Pradesh

CRLP/10763/2025 · 2025-10-23

Y Lakshmana Rao

body2025

Judgment text

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APHC010554622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10763/2025 Between: 1. DHONI SATISH ALIAS GASAGASALU, S/O NOOKARAJU, AGE 25 YEARS, R/O AVN COLLEGE DOWN, ASPABHA VEEDHI, I TOWN AREA, VISAKHAPATNAM. 2. GANDHA SANTHOSH @ WHISKY,, S/O NOOKNNA, AGE 19 YEARS, R/O GOLLA VEEDHI, BHAJANA KOVILA JUNCTION, I TOWN AREA, VISAKHAPATNAM. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Through Station House Officer, II Town Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Guntur 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 modify the order passed by the Hon‟ble Metropolitan Session Judge- Cum -I Additional District & Sessions Judge - Special Judge For Trial Of Offences Under Ndps Act- Visakhapatnam in CrI.M.P.No. 2648 of 2025 in Crime No.304/2019 dated. 03- 09- 2025 as “petitioners/AI & 3 to be released on bail on executing a personal bond for Rs. 10,000/- (Rupees Ten Thousand only) with two sureties instead of “petitioners/AI & 3 to be released on bail on executing a personal bond for Rs.1,00,000/- (Rupees one Lakh only) with two sureties” and permit the petitioner/Accused No.1 to deposit the surety bond amount of Rs.10,000/- with two sureties instead of Rs.1,00,000/- with two sureties and pass Counsel for the Petitioner/accused(S): 1. BANDI PRAVEENA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10763/2025 ORDER: The Criminal Petition has been filed under Sections 483(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity „the BNSS‟), seeking to modify the bail condition imposed against the petitioner/Accused Nos.1 & 3 vide order dated 03.09.2025 in Crl.M.P.No.2648 of 2025 in Cr.No.304 of 2019 of II Town Police Station, Visakhapatnam District, passed by the learned I Additional District and Sessions Judge–Cum-Special Judge for Trial of Offences under the NDPS Act, Visakhapatnam. 2. Learned counsel for the petitioner submitted that the conditions imposed by the Trial Court are onerous as the petitioners are unable to meet up those conditions as they have been languishing in jail since the date of remand. 3. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 4. The order dated 03.09.2025 in Crl.M.P.No.2648 of 2025 in Cr.No.304 of 2019 of II Town Police Station, passed by the learned I Additional District and Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam, against the petitioner/Accused Nos.1 & 3 is hereby modified as under: i. The Petitioner/Accused Nos.1 & 3 shall be enlarged on bail upon execution of a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties for the like sum each, to the satisfaction of the learned Chief Judicial Magistrate Court, Visakhapatnam. 5. The residual conditions imposed by the learned I Additional District and Sessions Judge–Special Judge for Trial of Offences under the NDPS Act, Visakhapatnam, in the original order shall remain in force and shall be duly complied with by the Petitioner/Accused Nos.1 & 3. 6. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 24th October, 2025 RKS