APHC010690972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 13520/2025 Between: 1. MODULLA PRATHAP REDDY, S/O. M. PULLA REDDY,AGED ABOUT 43 YEARS. AGRICULTURIST,R/O. H. NO.3-18, KAIPA VILLAGE,BANAGANAPALLI MANDAL, NANDYAL DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF AP, Rep. by its Public Prosecutor,High Court of Andhra Pradesh,Through SHO, Nandivargam PSNandyal 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 Courtpleased to set aside / modify the Order dated 03.12.2025 passed in CrI.M.P No. 1031 of 2025 in SC/ST SC. SPL. No. 90 of 2025 on the file of Special Judge for Trial of cases under SCs & STs (PoA) Act -cum- VI Additional Sessions Judge, Kurnool to the extent it imposes onerous conditions with the direction to execute personal bond for Rs. 2,00,000/- (Rupees Two lakhs) and production of third-party registered sale deed worth Rs. 2,00,000/- (Rupees Two lakhs) as security for release of Tractor Engine bearing number AP 21 BL 2709 and pass IA NO: 1 OF 2025 Petition under Section 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 may be pleased pleased to suspend the Order dated 03.12.2025 2 Dr.YLR,J Crl.P.No.13520 of 2025 passed in CrI.M.P No. 1031 of 2025 in SC/ST SC. SPL. No. 90 of 2025 on the file of Special Judge for Trial of cases under SCs & STs (PoA) Act -cum- VI Additional Sessions Judge, Kurnool to the extent it imposes onerous conditions with the direction to execute personal bond for Rs. 2,00,000/- (Rupees Two lakhs) and production of third-party registered sale deed worth Rs. 2,00,000/- (Rupees Two lakhs) as security for release of Tractor Engine bearing number AP 21 BL 2709 pending disposal of the Criminal Petition; and pass Counsel for the Petitioner/accused: 1. VARUN BYREDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 3 Dr.YLR,J Crl.P.No.13520 of 2025 The Court made the following ORDER: This criminal petition is filed Challenging the order dated 03.12.2025 passed in Crl.M.P.No.1031 of 2025 by the learned Special Judge for Trial of cases under SCs & STs (POA) Act – cum – VI Additional Sessions Court, Kurnool , for release of the vehicle with some conditions. 2. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing for respondent - State. 3. Learned counsel for petitioner submits that the conditions are onerous in nature for compliance as it is beyond the financial conditions of the petitioner. 4. The Hon’ble Apex Court in Sunderbhai Ambalal Desai v. State of Gujarat1, gave certain guidelines regarding the granting of temporary custody of property to claimants, wherein at paragraph Nos.7 and 17 as under: “7. In our view, the powers under Section 451 CrPC should be exercised expeditiously and judiciously. It would serve various purposes, namely: 1. owner of the article would not suffer because of its remaining unused or by its misappropriation; 2. court or the police would not be required to keep the article in safe custody; 3. if the proper panchnama before handing over possession of the article is prepared, that can be used in evidence instead of its production before the court during the trial. If necessary, evidence could also be recorded describing the nature of the property in detail; and 1(2002) 10 SCC 283 4 Dr.YLR,J Crl.P.No.13520 of 2025 4. this jurisdiction of the court to record evidence should be exercised promptly so that there may not be further chance of tampering with the articles. 17. In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles.” 5. Considering the submissions and considering the guidelines issued by the Hon’ble Apex Court in the above mentioned judgment (Supra 1), the criminal petition is disposed of with the following conditions: 1. The petitioner shall furnish a personal bond for Rs.1 lakh and also a bank guarantee for Rs.50,000/- for release of the vehicle . 2. The petitioner shall produce the vehicle as and when required at the time of trial and the petitioner is directed to keep the same in custody and shall not alter or change the physical features of the vehicle. As a sequel, all pending applications shall stand closed. _______________________ DR JUSTICE Y. LAKSHMANA RAO Date: 31.12.2025 Dvs 5 Dr.YLR,J Crl.P.No.13520 of 2025 163 THE HON’BLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.13520 of 2025 Date: 31.12.2025 Dvs