APHC010498492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10116/2025 Between: 1. YANIKAPATI HANUMANTHA RAO, S/O RAMAIAH PAMIDIPAD VILLAGE, KORISAPADU MANDAL, PRAKASAM DISTRICT 2. YANIKAPATI ANJALI, W/O.LATE HANUMANTHA RAO AGED 49 YEARS, OWNER OF RICE MILL, R/O.PAMIDIPADU VILLAGE, KORISAPADU MANDAL, PRAKASAM DISTRICT. 3. YANIKAPATI NARENDRA, S/O.LATE HANUMANTHA RAO AGED 28 YEARS. OWNER OF RICE MILL, R/O.PAMIDIPADU VILLAGE, KORISAPADU MANDAL, PRAKASAM DISTRICT ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Deputy Tahsildar, Ongole Through its Public Prosecutor, High Court of Andhra Pradesh Amaravathi, A.P. ...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 Court may be to call for records in connection with the order dt.26-8-2025 passed in CrI. M.P. No. 306/2025 in CrI. Appeal No.64/2025 on the file of Hon’ble Court of Sessions:: Prakasam Division :: Ongole (Before Appellant Authority cum PrI. District and Sessions Judge, Ongole) where in the Hon’ble Court imposed condition of furnishing bank guarantee to the extent of seized stock and such furnishing bank guarantee 2 stocks shall be released which was confiscated by proceedings in No. 150/2021/CS/BPT/PKM. dt.29-12-2023 of learned Collector (CS) and District Magistrate, Baptia District and to QUASH the said order 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 to permit the petitioners i.e. petitioners 2 and 3 as legal representatives of 1st petitioner i.e. Yanikapati Hanumantharao died onOl-05-2025 in the interest of justice. IA NO: 2 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 to direct the Respondent. Deputy Tahsildar to release of stocks order for confiscation by an order dt.29-12-2023 in proceedings No. 150/2021/CS/BPT/PKM on the file of learned Collector (CS) and District Magistrate, Bapatia District, on furnishing personal gurantee by the petitioners, in the interest of justice Counsel for the Petitioner/accused(S): 1. Alapati Vivekananda 2. ALAPATI VIVEKANANDA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10116/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioners, seeking quashment of the Order dated 26.08.2025 in Crl.M.P.No.306 of 2025 in Crl.Appeal No.64 of 2025, passed by the learned Sessions Judge, Prakasam Division, Ongole (Before Appellate Authority cum Prl.District and Sessions Judge, Ongole) wherein the Court imposed a condition of furnishing a bank guarantee to the extent of seized stock and on such furnishing of bank guarantee, the stocks shall be released which were confiscated by proceedings vide No.150/2021/CS/BPT/PKM, dated 29.12.2023 of learned Collector (CS) and District Magistrate, Bapatla District. 2. Heard Sri Alapati Vivekananda, learned counsel for the Petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. The learned counsel for the petitioners would submit that the petitioners aggrieved by the order, dated 26.08.2025 in Crl.M.P.No.306 of 2025 in Crl.Appeal No.64 of 2025, passed by the learned Sessions Judge, Prakasam Division, Ongole (Before Appellate Authority cum Prl.District and Sessions Judge, Ongole), whereby the learned Sessions Judge directed the release of 4 the stocks seized, subject to the petitioners furnishing 3rd party bank guarantee for the value of seized stock, so also for the fine amount imposed against the petitioner No.3, while granting stay of operation of the order impugned therein. 4. The learned counsel for the petitioner would further submit that the condition imposed by the learned Sessions Judge with respect to the bank guarantee is onerous. 5. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 6. Considering the submissions, the order stands modified to the extent that the petitioners shall furnish only 3rd party surety for the value of seized stock surety so also for the fine amount imposed against the petitioners and the other conditions remains unchanged, while setting aside the condition requiring a bank guarantee. 7. With these observations, the Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 25.09.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10116/2025 Dated.25.09.2025 UPS 127