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2025 DAILYLAW 45033 (AP)

Munjeti Manikanta @ Mani v. The State of Andhra Pradesh,

CRLP/4229/2025 · 2025-04-27

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI^^O^ MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4229 OF 2025 Between: Munjeti Manikanta @ Mani, S/o late Suri Babu, aged 30 years, R/o D. No. 29-101, Bapuji Nagar, Swathantra Nagar, Madhurawada, Visakhapatnam ...PETITIONER/ Owner of Vehicle/ AS AND 1. The State of Andhra Pradesh, Through Station House Officer, P.M.Palem Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh Amaravathi, Guntur District. ...RESPONDENT No.1 2. Md. Rahim Bash, and 3 Others 3. Gayathri Josshika Finance, Dondaparthi, Visakhapatnam ...RESPONDENT/ DEFACTO COMPLAINANT Petition under 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 relax the condition of imposing of Rs. 80,000/- towards bank guarantee for release of the vehicle passed in CrI.M.P.No. 1114 of 2024, dated 05.02.2025 on the file of The Metropolitan Session Judge - cum - I Additional District & Sessions Judge - Special Judge For Trial Of Offences Under NDPS Act, Visakhapatnam against the Petitioner This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Bandi Praveena, Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent No.1 The Court made the following; 1 CRLP. No.4229 of 2025 APHC010200262025 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: 4229/2025 Between: ...PETITIONER/ACCUSED Munieti Manikanta @ Mani AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.BANDI PRAVEENA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 CRLP. No.4229 of 2025 THE HON’BLE SRI JUSTICE HARINATH CRIMINAL PETITION No.4229 OF 2025 ORDER: 1. Heard the submissions of the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State. 2. The petitioner is aggrieved by the order, dated 05.02.2025, in CrI.M.p. No.1114 of 2024, passed by the Metropolitan Sessions Judge-cum-l Additional District &Sessions Judge-cum-Special Judge for Trial of Cases under the NDPS Act, Visakhapatnam, whereby the learned Sessions Judge directed the release of the vehicle Pulsar 220 DTS-IF bearing registration No.AP 39 AA 3122, subject to the petitioner executing a personal bond of Rs.80,000/- with one surety for a like sum, to the satisfaction of the Court of the XVI Additional Metropolitan 4 Magistrate, Bheemunipatnam. The petitioner was further directed to furnish a bank guarantee for a sum of Rs.80,000/-. 3. The learned counsel for the petitioner submits that the condition imposed by the learned Sessions Judge with respect to the bank guarantee is onerous. 4. Upon considering the submissions, the order stands modified to the extent that the petitioner shall furnish only a personal bond of Rs.80,000/-with one surety for a like sum to the satisfaction of the XVI Additional Metropolitan Magistrate, Bheemunipatnam and the other 3 CRLP. No.4229of2025 conditions remains unchanged, while setting aside the condition requiring a bank guarantee. 5. With these observations, the criminal petition is partly allowed. 6. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. \, SD/-A.VIJAYA BABU i ASSISTANT REGISTRAR 1 //TRUE COPY// SECTION OFFICER To, 1. The Metropolitan Session Judge - cum - I Additional District & Sessions Judge - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam 2. One CC to Sri Bandi Praveena, Advocate [OPUC] 3. Two CC to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 4. Three CD Copies MV HIGH COURT DATED: 28/04/2025 ORDER CRLP.No.4229 of 2025 ALLOWING THE CRIMINAL PETITION IN PART