IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAJ FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4851 OF 2025 Between: Seesa Bala Krishna, S/o. Sisa Anthro, aged 25 years, R/o Door No 049 Munchingiput Village and Mandal, Alluri Seetharama Raju District. ■..PETITIONER/ACCUSED No.2A/ehicle Owner AND ^ Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh, Nelapadu, Amaravati, Guntur District 2. Boya Shiva Krishna, S/o Late Narayana, aged 26 years, Occ. cultivation, Daivamdinne Village, Yammigunuru Mandal, Kurnool A P Accused No.1 3. The Varun Finance Company, 8-1-1/1, Varun Chambers, Siripuram, Balaji nagar, Visakhapatnam. (Respondents 2 & 3 are not necessary parties to this petition) ...RESPONDENTS Petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to set aside the order 27- 12-2024 in CrI.MP No.10978/2024 seeking to modify the conditions imposed in CRLMP No.773/2024 vide order dt.24-09-2024 on the file of the court of the I Additional District and Sessions Judge cum Special Judge for Trial of Offences under NDPS Act, Visakhapatnam in Crime No.52/20022 of Pedabayalu Police Station. '4 LA. NO: 2 OF 2025 Petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita . ^ ' i r/w 457 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to suspend the order dt.24/09/2024 in CrI.MP.No. 773/2024 and | consequential order dt.27/12/2024 in CrI.MP.No. 10978/2024 on the file of i the Court of the I Additional District & Sessions Judge cum Special Judge for Trial of Offences under NDPS Act, Visakhapatnam in Crime No. 52/2022 of Pedabayalu Police Station. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Rama Krishna A, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent Nos.2 & 3. The Court made the following ORDER: APHC010220162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) U [3457] FRIDAY ,THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4851/2025 Between: ...PETITIONER/ACCUSED Seesa Bala Krishna AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.RAMA KRISHNA A Counsel for the Respondent/complainant(S): 1,PUBLIC PROSECUTOR 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 passed in Crl.M.P.No.773 of 2024 on the file of Metropolitan Sessions Judge-cum-l Additional District and Sessions Judge- cum-Specia! Judge for trial of Offences under NDPS Act, Visakhapatnam, whereby the petitioner is directed to deposit bank guarantee of Rs.80,000/- for 2. \ 2 J' release of two wheeler which was seized in Crime No.52 of 2022 registered against the accused for offence under NDPS Act. 3. The learned counsel for the petitioner submits that the petitioner aggrieved by the order of the Sessions Judge, he sought for modification of the condition imposed by the Court and the learned Sessions Judge vide order dated 27.12.2024 directed the petitioner to furnish either one surety for like sum of Rs.80,000/- or alternatively to furnish a surety who is having worth of Rs.80,000/-. The learned counsel for the petitioner submits that the motor cycle is worth about Rs.83,672/- as per the insurance assessment. Perused the record. 6. Considering the submissions, the order of the Metropolitan Sessions Judge-cum-l Additional District and Sessions Judge-cum-Special Judge for trial of Offences under NDPS Act, Visakhapatnam, shall modified to the following effect: i. The petitioner shall execute a bond of Rs.25,000/-with one surety for like sum to the satisfaction of the Judicial First Class Magistrate, Paderu. ii. The condition of furnishing bank guarantee is removed, iii. Rest of the conditions is upheld. 4. 5. stand 7. Accordingly, the Criminal Petition is allowed, modifying the order of the Metropolitan Sessions Judge-cum-l Additional District and Sessions Judge-cum-Special Judge for trial of Offences Visakhapatnam,to the above extent. under NDPS Act, 3 1 miscellaneous applications pending, if any, shall 8. As a sequel stand closed. Sd/- G HELANAIDU ASSISTANT REGISTRAR I //TRUE COPY// SECTION OFFICER To I Additional District and Sessions Judge cum Special Judge for 1. The Trial of Offences under NDPS Act, Visakhapatnam. Pedabayalu Police Station 2. The Station House Officer, Visakhapatnam District. 3. One CC to SRI. RAMA KRISHNA A Advocate [OPUC] 4. Two CC Amaravathi. [OUT] to Public Prosecutor, High Court of Andhra Pradesh at 5. Three CD Copies Chp gsc p J ^ I HIGH COURT DATED:02/05/2025 ORDER CRLP.No.4851 of 2025 i/-ars ^IJUL 2025 ''''‘&2?atcheo •y \ O'i m ALLOWING THE CRIMINAL PETITION