APHC010573282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11121/2025 Between: 1. DAMAROUTHU ASHOK, S/O. D. SRINUVASU,R/O. MAIN ROAD, KINTHALI VALLAPURAM,V. MADUGULA, ANAKAPALLI DISTRICT, A.P. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH. 2. INDUS IND BANK LIMITED, D.NO. 18-5-11-18, RAILWAY STATION ROAD,LAXMI DEVIPETA, ANAKAPALLI, ANAKAPALLI DISTRICT. ...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 Courtpleased 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.804/2025 in Cr. No. 304/2024 dated 28.08.2025 by considering the situation of the Petitioner/3rd Party/Owner as “the petitioner shall execute a bond for Rs.2,00,000/- (Rupees Two Lakh only) to the satisfaction of the Hon‟ble XIII Addl. Judicial Magistrate of First Class, Anakapalli” instead of “the Petitioner to execute a bond for Rs.4,00,000/- with one surety and shall furnish bank guarantee of Rs.70,000/- and permit the Petitioner/3rd Party/Owner to deposit the surety amount of Rs.2,00,000/- without any bank guarantee and pass 2 Counsel for the Petitioner/accused: 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11121/2025 ORDER: This Criminal Petition has been filed against the order, dated 28.08.2025, passed in Crl.M.P.No.804 of 2025 in Cr.No.304 of 2024 on the file of the learned I Additional District and Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam (for short „learned Special Judge‟) to the extent of imposing conditions directing the petitioner herein to deposit an amount of Rs.4,00,000/- for release of Maruti Suzuki Ertiga Car bearing registration No.AP 39 B 3334, towards interim custody. 2. Heard Sri G.Maheswara Rao, learned counsel for the Petitioner and Ms.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 the 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, in view of 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 dated 28.08.2025, passed in Crl.M.P.No.804 of 2025 in Cr.No.304 of 2024, to the extent of directing the petitioner to furnish bank 4 guarantee for Rs.4,00,000/- is hereby set aside. The petitioner shall execute a bond for Rs.4,00,000/- (Rupees Four Lakhs Only) with two sureties for the like sum each to the satisfaction of the learned XIII Additional Judicial Magistrate of First Class, Anakapalli. 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: 29.10.2025 JLV 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11121/2025 Dated.29.10.2025 JLV 37