lN THE HIGH COURT OF ANDHRA PRADESH AT AMARI ~/ WEDNESDAY, THE EIGHTH DAY OF JANUARY, -''' TWO THOUSAND AND TWENTY FIVE J`` :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDD+i:ij3:"` CRIMINAL REVISION CASE NO: 2 OF 2025 / Betwee n : Tamarrana Lova Venkata Sathish, S/o. Thatabbai Hindu, aged 26 years, MaIIavaram Village, Tuni Mandal, Kakinada District ...Petitioner AND .. a,--,,--:&£=xp§`:..`ke_ The State Of Andhra Pradesh, Through Station House Officer, Tuni Rural P.S Rep. by Public Prosecutor, High Court of Andhra Pradesh Amaravati ...Respondent petition under section 397 & 401 of Cr.P.C praying that in the ~ circumstances stated in the grounds filed I'n Support Of the Petition, the High Court may be pleased to revise the order of the Leamed Trial Court Judge, the Hon'ble III Additional Judicial First Class Magistrate at Rajamahendravaram in Crl.MP. No. 2155 of 2024 dated 24.10.2024 in a Case regl'stered as Crime no. 117 of 2024 on the file of the Tuni Rural Police Station and grant interim custody of the property to the petitioner, i.e.,1) Ahuja Taza 400 Amplifier -1:2) Dachi 15KVA Stabilizer -1; 3) 8.15 lIV Sound Kirloskar Generator -1; 4) 8 Loudspeakers (4 Bl'g and 4 Small speakers) pending trial and disposal of the criminal case registered as C.C. No.174 of 2024 before the trial court in the interest of justice I lANO: 2OF2025 Petition under Section 482 CrPC praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to grant interim custody of the petitioners property, i.e.,1) Ahuja Taza 400 Amplifier -1:2) Dachi 15KVA Stabilizer -1; 3) 8.15 law Sound Kirloskar Eiiil Generator -1; 4) 8 Loudspeakers (4 Big and 4 Small speakers) pending disposal of CRLRC.No.2 of 2025, on the file of the High Court. The Revision coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of, sri DUGGIRALA SUBASH Advocate for the Petitioner and of Public Prosecutor for Respondent, the Court made the following. ORDER: This Criminal Revision Case is preferred assailing the order dated 21.10.2024 passed in Cr1.M.P.No.2155 of 2O24 on the file of the learned Ill Additional Judicial Magistrate of First Class, Rajamahendravaram arising out of Crime No.117 of 2O24 of Tuni Rural Police Station, whereby petition filed by the petitioner herein under Section 451 of Cr.P.C., seeking interim custody of subject property viz. Ahuja Taza 4OO Amplifier-1, Dachi 15KVA Stabilizer-1, 8.15 KV Sound Kirlosker Generator-1 and 8 Loud Spearkers (4 Big and 4 Small), was dismissed. tlas-ae I. L` I # & that no 2. Heard the learned counsel for the petitioner and the learned AddltlOnal public prosecutor for the respondent/ state. 3. The Jeaned Ill AddltIOnal Judlclal Magistrate of First class, RaJamahendravaram, vide Impugned order dated 21.1O.2O24, dlSmlSSed the petition on the ground LL^+ __ property can be returned to the petitioner or Sid party or owner of the property or the circumstance as it would lead to change of the case. 4. Learned Petitioner accused jn any of circumstance counsel for the petitioner submitted that the petltlOner lS the owner of the subject property and _ _ _---_L`,\+ LIJ.al that if the subject property js exposed to sun and air, it gets damaged. It js his further submission that the I_ _ I | 1 | 1S ready to abide by the conditions to be Imposed dy the court, if the subject property js ordered for interim custody. He placed reliance of the Honble supreme court of India in sztnc'erbhczz-4mbazczz Desaz' z'. Stctte of cfujarat1 . I AIR2003 SC 638 \-r_9 a-i--- I- 3 I/ 5. The offences alleged are punishable under Sections 171H, 290, 283 IPC and Section 32 of the Police Act. Truth or otherwise of the allegations has to be decided during the course of investigation and trial. Admittedly, petitioner herein is the ouner of the subject property. If the subject prope]rty 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 ofJ-uStiCe, the Subject Property Can be Ordered to be given for the interim custody of the petitioner, however, by imposing certain conditions. 6. In the result, the impugned order passed by the learned Magistrate is set aside. The subject property Ahuja Taza 400 Amplifier-1, Dachi 15KVA Stabilizer-1, 8.15 KV Sound Kirlosker Generator-1 and 8 Loud spearkers (4 Big and 4 Small) is ordered to be given to the interim custody of the petitioner, subject to the following conditions. (i) The petitioner shall execute a personal bond Of Rs.2,00,000/- (Rupees two lakhs only) with two sureties for a like sum each to the satisfaction of the learned Ill t--------) 4 // Additional Judicial Magistrate of First class, Raj amahendravaran. (ii) The petitioner shall give undertaking that he would not alienate the said property or change any physical features of the property; and also he shall produce the property as and when directed by the trial Court till the case is disposed of. 7. Accordingly, the criminal Revision case is allowed. As a sequel thereto, the miscellaneous applications, if any, pending in this criminal Revision case shall stand closed. //TRUE COPY// Fol SD/-SK MD RAFI ASSISTANT REGISTRAR :RE-HEBEe- SECTION OFFICER Tol 1. The Ill Addl Judl'ciaI FI'rSt class Magistrate at Rajamahendravaram 2. The station House officer, Tuni Rural p.s 3. One cc to sR'. DUGGIRALA SUBASH Advocate [opuc] 4. Two cos to publI'C Prosecutor, High court ofAndhra pradesh [ouT] 5. One spare copy _i-I _a _\ _--- \ HIGH COURT SRK,J DATED.'O8/01/2025 BAIL ORDER CRLRC.No.2 of 2025 ALLOWED •L 0 l\ELN \\\5 •.-_I . -lit