CHEPUREDDY SOMUNAIDU v. THE STATE OF ANDHRA PRADESH
CRLP/4651/2025 · 2025-04-27
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44185 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44185 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4651 OF 2025 Between: Chepureddy Somunaidu, S/o. Chellam Naidu, aged about 38 years, R/o. Ratnampeta Village, Rolugunta Mandal, Anakapalli District, A.P ...PETITIONER/ACCUSED N0.4/0WNER AND
1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. 2. Banam Dharmaraju, S/o. Peda Pothuraju, aged about 33 years, R/o. Aria Village, Rolugunta Mandal, Anakapalli District, A.P.
3. Bodupu Ganganna, S/o. Nagaraju, aged about 37 Ratnampeta Village, Rolugunta Mandal, Anakapalli District, A.P.
4. Biyyala China Appala Naidu @ Pappi, S/o. Chandrarao, aged about 26 years, R/o. B.B. Patnam Village, Rolugunta Mandal, Anakapalli District, A.P. years, R/o. ...RESPONDENT/COMPLAINANTS Petition under Section 482 of Cr.P.C and Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to modify the order
r passed by the Metropolitan Sessions Judge-cum- I Addl. District & Sessions Judge - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam in CrI.M.P. No.843/2024 in Cr.No.48/2024 dated 28.11.2024 by considering the situation of the Petitioner/Accuse d No.4/Owner as the petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the Metropolitan Sessions Judge-cum-l Addl. District & Sessions Judge - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam Petitioner to execute a bond for Rs.1,00,000/- with one surety for like sum to the satisfaction of the Addl. Judicial Magistrate of First Class, Narsipatnam and shall furnish bank guarantee of Rs.1,00,000/- and permit the Petitioner/Accused No.4/Owner to deposit the surety amount of Rs. 10,000/- without any bank guarantee. instead of the This Petition coming on for hearing, upon perusing the Memorandum of-Grounds of Criminal Petition and upon hearing the arguments of Sri GOLLAPALLI MAHESWARA RAO, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent Nos.2 to 4.
The Court made the following ORDER :
APHC010218022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4651/2025 Between: Chepureddy Somunaidu ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused:
1.GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant(S): 1 1.PUBLIC PROSECUTOR •v. The Court made the following Order: Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing for the State. The learned counsel for the petitioner submits that the petitioner is aggrieved by the order, dated 28.11.2024, in Crl.M.P.No.843 of 2024, passed by the I Additional District and Sessions Judge-cum-Speci al Judge for Trial of Offences under NDPS Act, Visakhapatnam, whereby the learned Sessions Judge directed the release of the vehicle Auto Rickshaw bearing
2. 2 registration No.AP 31 TW 1632, subject to the petitioner executing a personal bond of Rs. 1,00,000/- with one surety for a like sum, to the satisfaction of Additional Judicial Magistrate of First class, Narsipatnam. The petitioner further directed to furnish a bank guarantee for a sum of Rs.1,00,000/-. 3. The learned counsel for the petitioner submits that the condition imposed by the learned Sessions Judge with respect to the bank guarantee i. onerous. was IS Considering the submissions, the order stands modified to the extent that the petitioner shall furnish only a personal bond of Rs.1,00,000/- with one surety for a like sum to the satisfaction of the Additional Judicial Magistrate of First class, Narsipatnam and the other conditions unchanged, while setting aside the condition requiring a bank guarantee. 5. With these observations, the Criminal Petition is partly allowed. As a sequel, pending miscellaneous petitions, if any, shall stand KJ.RAJA BABU ASSISTANT REGISTRAR
4. remains
6. closed. //TRUE COPY// SECTION OFFICER To, The AddI Judicial Magistrate of I Class, Narsipatnam. 1.
The I Additional District & Sessions Judge - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. 2. 3. One CC to SRI. GOLLAPALLI MAHESWARA RAO Advocate [OPUC] Two CCs to Public Prosecutor High Court of Andhra Pradesh at Amaravathi [OUT]
4. THREE CD COPIES
5. Pmg TAG
HIGH COURT DATED:28/04/2025 ORDER CRLP.No.4651 of 2025 c 1 6 MAY 2n?5 ^ . Current oeciton >^SPATCH^ Co PARTLY ALLOWING THE CRLP