APHC010584582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11350/2025 Between: 1. GOLLAPALLI SRIKANTH, S/O LATE PRASAD, AGED 32 YEARS, R/O D. NO. 17-14-1/2, RELLIVEEDHI, AVN COLLEGE BACKSIDE, POORNA MARKET,VISAKHAPATNAM. ...PETITIONER/ACCUSED AND 1. VASUPALLI MANOJ KUMAR, AND 3 OTHERS 2. 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/COMPLAINANT(S): 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 pleased to relax the condition of imposing of Rs. 75,000/- towards bank guarantee and modify for release of the I Phone passed in CrI.M.P.No. 891 of 2025, Dt. 09.10.2025 on the file of THE METROPOLITAN SESSION JUDGE cum 1 ADDITIONAL DISTRICT and SESSIONS JUDGE - SPECIAL JUDGE FOR TRIAL OF OFFENCES UNDER NDPS ACT VISAKHAPATNAM against the Petitioner and pass such Counsel for the Petitioner/accused: 1. BANDI PRAVEENA 2 Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11350/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of BNSS, has been filed by the Petitioner, seeking to relax/modify the condition of imposing of Rs. 75,000/- towards bank guarantee for release of the I-Phone passed in CrI.M.P.No.891 of 2025, dated 09.10.2025 on the file of The Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge - Special Judge For Trial Of Offences Under NDPS Act, Visakhapatnam. 2. Heard Sri Bandi Praveena, learned counsel for the petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. The learned counsel for the petitioner submits that the petitioner is a third party and the owner of the Mobile which is seized in connection of Crime No.34 of 2024 of Maharanipeta Police Station, Visakhapatnam. The petitioner approached the Court for interim custody of the seized mobile by filing CrI.M.P.No.891 of 2025, on the file of The Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge - Special Judge For Trial Of Offences Under NDPS Act, Visakhapatnam, wherein the learned Sessions Judge directed the release of the I-Phone 14 Plus bearing IMEI Nos.3597 9375 9403 840-1, 3597 9375 7799 645-2, subject to the petitioner executing a bond for Rs.75,000/- with one surety for the like sum to the satisfaction of I Additional Chief Judicial Magistrate, Visakhapatnam and the petitioner furnishing a bank 4 guarantee for Rs.75,000/- vide Order dated 09.10.2025. Aggrieved thereby, the present petition is filed. 4. The learned counsel for the petitioner submits that the condition imposed by the learned Sessions Judge with respect to furnishing of bank guarantee of Rs.75,000/- is onerous. The petitioner could not furnish the bank guarantee due to his financial constraints. 5. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 6. Considering the submissions and taking into consideration of the facts and circumstances of the case, the condition imposed by the learned Sessions Judge in CrI.M.P.No.891 of 2025, dated 09.10.2025 on the file of The Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge-Special Judge For Trial Of Offences Under NDPS Act, Visakhapatnam, to the extent of directing the petitioner to furnish bank guarantee for an amount of Rs.75,000/- is hereby set aside. The petitioner shall execute a bond for Rs.75,000/- (Rupees Seventy Five Thousand Only) with two sureties for the like sum each to the satisfaction of I Additional Chief Judicial Magistrate, Visakhapatnam. The rest of the conditions imposed by the learned Judge shall remain unaltered. 7. With this modification, this Criminal Petition is disposed of. 5 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 05.11.2025. UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11350/2025 Dated.05.11.2025 UPS 27