. ,## a. lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV THURSDAY, THE SIXTH DAY OF FEBRUARY S+;J{ TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA RE CRIMINAL PETITION NO: 852 OF 2025 EL` Betwee n : Thilapaka Nani, S/o late Satyarao, aged 23 years, caste by Viswabrahmin, r/o D.No.65-6-466/ll/3, Ganapathi Nagar, Gajuwaka Depot, Visakhapatnam City Petitioner/Accused-2 AND 1. The State of A.P through Inspector of Police, Gal-uWaka Police Station, Visakhapatnam City, rep. by Public Prosecutor, High Court At Amaravati. Respondent Petition under Sections 440 (2) of Cr.P.C. & 484 (2) of BNSS praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to modify the order passed by the Hon'ble Metropolitan Sessions Judge- Gum- Special Judge for Trial of Offences under NDPS Act at Visakhapatnam in Crl M.P 2069/2024 in Cr No.323/2024 dt.19-12-2024 by considering the situation and poverty line of the petitioner/aceused-2 (local) as l'petitioner/accused-2 to be released on bail on executing a self bond for Rs.20,000/- (Rupees twenty thousand only) each with single surety for a l'lke sum each to the satisfaction of Hon'ble Ill Addl. Chief Judicial Magistrate, Gajuwaka, Visakhapatnam City" instead of petitioner/aeeused-2 to be released on bail on executing a self bond for Rs.50,000/- (Rupees Fifty Thousand only) each with two sureties for a like sum each to the satisfaction of Honble Ill Addl. Chief Judicial Magistrate, Gajuwaka, Visakhapatnam City and permit the petitioner/aecused-2 to submit I 7 zzz22a 9}esse_>isyrdgivn~- the surety solvency value of ainount of Rs.20,000/-with single surety instead of Rs.50,000/-with two sureties. The petition coml-ng on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of sri cH ESWAR RAO POLISETTY, Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent and the Court made the following; I? .I 1.CH ESWAR RAO POLISETTY I/ Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: of.,-,,.-fe-, ORDER: The Criminal Petition, under Section 483(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed seeking to modify the condition imposed in the order dated 19.12.2024 passed in Crl.M.P. No,2069 of 2024 by the learned Metropolitan Sessions Judge-Gum-Special Judge for trial of offences under NDPS Act, Visakhapatnam (in Crime No.323 of 2024 of Gajuwaka Police Station, Visakhapatnam City). 2. The petitioner herein/A.2 along with A.1 filed CrI.M.P.No.2069 of 2024 on the file of the learned Metropolitan Sessions Judge-Gum-Special Judge for trial of offences under NDPS Act, Visakhapatnam for grant of bail in crime No.323 of 2O24 of Gajuwaka Police Station, Visakhapatnam Gty, for the offence punishable under Section 20(b)(ii)(C) read with 8(c) of the NDPS Act. The learned Sessions Judge, by an order dated 19.12.2024, allowed the said application, which reads as follows. "ln the result, the petition is allowed. The petitioners/A.1 and A.2 shall be released on bail on execution of self bond for Rs.50,000/-(Rupees Fifty thousand only) with two sureties each for the like sum each to the satisfaction of the learned Ill Additional Chief Judicial Magistrate, Gajuwaka. On release, the petitioners/A,1 and A.2 shall appear before the Station House Officer, Gajuwaka Police Station once in a week i.e., on every saturday in between 10..00 a.m. and ll.00 a.m., for a Period Of |/ one year." 3. Questioning the condition imposed by the learned Sessions Judge to the extent of directing the petitioner herein -to execute self bond for Rs.50,000/-with two sureties for like Sum each, he filed the Present Cr'lminal petition seeking modification of the said condition. 4. Heard. Perused the record. /J7 5. Learned counsel forthe PetitiOnerSubmitS thatthe COnditiOn imposed by the learned sessions Judge is onerous one and though the Order Was Passed on 19.12.2024, the petitioner could not be re,eased for the reason that he could not mobilize the funds to a tune of Rs.50,000/-, as he iS a COOlie. Hence, he seeks to modify the COnditiOn imposed by the learned Sessions Judge for release of the Petitioner/A.2. 6. ln viewofthe aforesaid facts and Circumstances, this Court is inclined to modify the condition imposed by the court below. Accordingly, the condition imposed by the learned Metropolitan Sessions Judge-Gum-Special Judge for trial of offences under NDPS Act, Visakhapatnam, in the Order Passed in crl.M.P.No.2069 of 2024, dated 19.12.2024, is modified aS fOllOWS'. The petitioner/A.2 sha" be released On bail On his executing a Personal bond for Rs.20,000/- (Rupees Twenty Thousand only) With One Surety for a like sum to the satisfaction of the learned Ill Additional Chief Judicial Magistrate, Gajuwaka. lt is made Clear that rest Of the COnditiOnS aS imposed / fl by the learned Sessions Judge in the order in CrI.M.P.No.2069 of 2024, dated + 19.12.2024, shall remain unaltered. 7. Accordingly, the Criminal Petition is allowed. /ITRUE COPY// Sd/-G. HELA NAIDU ASSISTANTh lSTRAR For ASSISTANT REGISTRAR 1. lll AddI. Chief Judicial Magistrate, Gajuwaka, Visakhapatnam City 2. The Metropolitan Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act: Visakhapatnam. 3. The Superintendent, central prison, visakhapatnam 4, The S.H.O., Gajuwaka Police Station, Visakhapatnam City 5. One CC to SRl. CH ESWAR RAO POLISETTY Advocate [OPUC] 6. Two CCs to Public Prosecutor, High Court ofAP [OUT] 7. One spare copy Kj To, HIGH COURT SRK,J DATED : 06/02/2025 BAIL ORDER CRLP.No.852 of 2025 ALLOWED -aenggRE££#neS##'