'.. lN THE HIGH COURT OF ANDHRA PRAD.ESH AT AMARAVATI FRIDAY, THE fWENTY FIFTH DAY OF APRIL, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA/RAO CRIMINAL PETITION NO: 4168 OF 2025 Between : /Goraka Babu, S/o. G.Apparao, aged about 25 Years, R/o.Door No. 16- 08-12, Official Colony, Maharanipeta, Visakhapatnam Petitioner/3rd Party/Owner of the Vehl-cle AND 4he state of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh At Amaravati. Respondent/Complainant Petition under section 483(1) of BNSS, is filed praying that in the . circumstances stated in the memorandum of grounds filed in support of the CriminaIPetition, the High Court may be pleased to relax the condition of imposing of Rs. 1,00,000/-46rwards bank guarantee for release of the vehicle p;ssed in CRL.M.P.No.1102 of 2024( Crime No. 342 of 2024 of Chodavaram Police Station) Dated 12th February, 2025 on the file of I Additional District and Sessl'on Judge -Cum- Special Judge for Trial of Offences under NDPS Act, Visakhapatnam against the petitioner The petition coming on for hearI'ng, upon PeruSl'ng the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri. KAKUMANU JOJI AMRUTHA RAJU Advocate for the Petitioner and of public Prosecutor for the Respondent,I The Court made the following: ~r lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] FRIDAY ,THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE riONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRI MiNAL PETITION NO: 4168/2025 Bet:ween : Goraka Babu .UPETITIONER/ACCUSED AND The State Of Andhra Pradesh m|RESPONDENT/COMPLAINANT counsel for the Petitioner/accused: 1. KAKUMANU JOJI AMRUTHA RAJU counsel for the Respondent/COmPlainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition has been filed against the order, dated 12.02.2025, passed in CrI.M.P.No.1102/2024 on the file of the learned I Additional District and Sessions Judge-Gum-Special Judge for trial of offences under the Narcotic Drugs and Psychotropic Substances Act, visakhapatnam to the extent of imposing conditions directing the petitioner herein to execute a bond for Rs.1,00,000/-with one surety for like sum and also furnish bank guarantee for an amount of Rs,1,00,000/_ for release of yamaha Motorcycle bearing registration No.AP 39 MF 3199 towards interim Custody. 2. Heard learned COunSel fOrthe Petitioner and the learned Assistant publi`c prosecutor for the State. Perused the material on record. lil 3. The petitioner herein is owner of the subject vehicle, which was seized in Crime No.342/2024 of Chodavaram Police Station, Anakapalle District. Thereafter; the petitioner, who'is claiming the said vehicle, filed a petition in.CrI.M.P.No.1102/2024 before the learned Special Judge seeking interim custody of the said vehicle. The learned Special Judge, by an order dated 12.02.2025, allowed the said petition on the following conditions. {cln the result, petition is allowed. The petitioner shall execute a bond for Rs.1,00,000/-(Rupees one .lakh only) with one surety for like sum to the satisfaction of Additional Judicial First Class Magistrate, Chodavaram. The petitioner shall furnish bank guarantee for Rs.1,00,000/-. The petitioner shall produce the vehicle before this Court as and when he is directed during the trial and also during confiscation proceedings, if any, such proceedings are initiated. The petitioner shall not alienate the vehicle or change its nature and character or -physical features ,during - the pendency of the case. The vehicle shall not be used for the commission of any offence. The Investigating OffI|Cer shall take the photographs of the vehicle from all angles for the purpose of future identification of the vehicle." 4. Aggrieved by the conditions imposed by the learned Special Judge to the'extent of directing the petitioner herein to execute a bond for Rs.1 lakh with one surety for a like sum and to furnish.a bank guarantee for an amount of Rs.1 lakh, the present Criminal Petition is filed. +J* ,.--_-> €rfrfysdi 5. Learned COunSel for,.the Petitioner Submits that the Petitioner belongs to a poor lam-lly and is not earning anything to support himself- He is entirely dependent On the earnings Of his family for his maintenance. He submits that the learned Special Judge, erred in directing the petitioner to execute a bond for Rs|1 lakh and furnish bank guarantee of Rs.1 lakh, which iS Onerous, and hence, he Prayed tO mod'lfy the said condition. 6. Considering the difficulties POinted Out by the learned COunSel for the pet|[tioner, the petitioner herein shall execute a bond for Rs.1,00,000/-(Rupees one lakh Only) With One Surety for like sum tO the satisfaction of the learned Additional Jud[lcial First Class Mag'lstrate, chodavaram. The second COndi{iOn imposed by the learned Special Judge in the Order dated 12[02.2025 passed in Crl.M.P.No.1102/2024 to the extent of directing the petitioner herein {o furnish bank guarantee for an amount of Rs.1,00,000/-(Rupees One lakh Only), iS hereby relaxed. The rest of the COnd'l{iOnS imposed by the learned Special Judge sha" remain unaltered. 7, With the above Sa|ld modifications, the Criminal Petition 'lS a][owed. As a sequel thereto, the miscellaneous applications, if any, pending in this criminal petition shall stand closed. -i_- '#ie *S ` :e.LEL^se== it#% '``#±aisTRh& E¥'=-.''\\. `. `.\ +`\E. |'i sol-A.V TRUECOP` ASSr5T sECT\t6fro ® RI5± E Ed=dREIt r+ Tol 1, The I Additional District & Sessions Judge-Gum-Special Judge for. Trial of Offences under-NDPS Act, Visakhapatnam. 2. The, Additional Judicial Magistrate of First Class, .Chodavaram, Anakapalli District. 3. The Station lHouse Officer, Chodavaram Police Station, Anakapalle District. 4. One CC to Sri. KAKUMANU JOJI AMRUTHA RAJU, Advocate [OPUC] 5. 'Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spare copy JSS I-E= --,~ HIGH COURT TIVIR, J DATED :25/04/2025 BAIL ORDER CRLP.No.4168 of 2025 ALLOWED 28 APE 2025