APHC010645582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12418/2025 Between: 1. PANGI DHARMARAJU, S/O. KOMAYYA, AGED ABOUT 22 YEARS,R/O. YALLAVARAM VILLAGE, VANCHULA PANCHAYAT,G.K. VEEDHI MANDAL, ALLURI SITHARAMA RAJU DISTRICT, A.P. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor,High Court of Andhra Pradesh. ...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 pleased to modify the order passed by the Hon’ble Metropolitan Sessions Judge-cum-l Addl. District Sessions Judge - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam in CrI.M.P. No. 1136/2025 in Cr. No. 35/2024 dated 03.11.2025 by considering the situation of the Petitioner/Accused/Owner as “the petitioner shall execute a bond for Rs.1,75,000/- (Rupees One Lakh Seventy Five Thousand only) to the satisfaction of the Honble Judicial Magistrate of First Class, Chinthapalli without any bank guarantee instead of “the Petitioner to execute a bond for Rs.1,75,000/- with one surety and shall furnish bank guarantee of Rs.1,75,000/- and permit the Petitioner/Accused/Owner to deposit the surety amount of Rs.1,75,000/- without any bank guarantee and pass Counsel for the Petitioner/accused: 2 1. BALABHADRUNI MANOHAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12418/2025 ORDER: This Criminal Petition has been filed against the order, dated 03.11.2025, passed in Crl.M.P.No.1136 of 2025 in Cr.No.35 of 2024 on the file of the learned I Additional District & Sessions Judge-Special Judge for Trial of Offences Under NDPS Act, Visakhapatnam to the extent of imposing conditions directing the petitioner herein to deposit an amount of Rs.1,75,000/- for release of KTM 200 Duke Motorcycle bearing Chasis No.MD2JPCXKXRN063643 and Engine No.R-936*03882*, towards interim custody. 2. Heard Sri Balabhadruni Manohar, learned counsel for the Petitioner and Ms.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. 3. It is submitted by the learned counsel for the Petitioner and acceded to, by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the Order passed by a Coordinate Bench of this Court vide Criminal Petition No.655 of 2025, dated 31.01.2025. 4. Considering the submissions made, in view of the said Order passed by a Coordinate Bench of this Court in Criminal Petition No.655 of 2025, dated 31.01.2025 and taking into consideration of the facts and circumstances of the case, the condition imposed by the learned Special Judge in the order dated 03.11.2025, passed in Crl.M.P.No.1136 of 2025 in 4 Cr.No.35 of 2024, to the extent of directing the petitioner to deposit an amount of Rs.1,75,000/- is hereby set aside. The petitioner shall execute a bond for Rs.1,75,000/- (Rupees One Lakh Seventy Five Thousand Only) with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Chinthapalli. The rest of the conditions imposed by the learned Special Judge shall remain unaltered. 5. With the above said modification, the Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 01.12.2025 SNI 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12418/2025 Dated.01.12.2025 SNI 67