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2025 DAILYLAW 7443 (AP)

GUMMADI KARTHEEK @ KANDY v. THE STATE OF ANDHRA PRADESH

CRLP/1625/2025 · 2025-02-25

K Sreenivasa Reddy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

lN THE HIGH COURToF ANDHRA PRADESH AT AMAR/ TUESDAY, THE TWENTY FIFTH DAY OF FEBRUA TWO THOUSAND AND TWENTY FIVE ,i>`= : PRESENT: ¥it9ch THE HONOURABLE SRI JUSTICE K SREEN[VASA RETE CRIMINAL PETITION NO: 1625 OF 2025 Gummadi Kartheek @ Kandy, S/o. Srinivasa Rao, aged about 29 Between : .\````\`. years, R/o. D.No.38-4-78/1 I sai Nagar, Lane-8, Marripalem, Visakhapatnam city, visakhapatnam D'[strict, A.P petitioner/Accused No.1 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. Respondent petition under section 439 (1) of Cr.P.C and Section 483(1) 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 Metropolitan Sessions Judge-Gum-I Addl. District & Sessions Judge. - special Judge for Trial of Offences under NDPS Act, Visakhapatnam ln crl.M.P. No.3138/2024 in Cr. No. 207/2024 dated 10.12.2024 by considering the situat-Ion of the petitioner/Accused No.1 as llpetitioner/Al to be released on bail on executing a Self bond for Rs|1O,000/I (Rupees Ten Thousand only) with single Surety for a like sum to the satisfaction of Hon'ble Metropolitan Sessions Judge- cum-I AddI. D-lstrict a Sessions Judge - Special Judge for Trial of offences under NDPS Act, Visakhapa1:nan instead Of ltpetitioner/Al to be released on bail on executing a Self bond for Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for a like sum each tO the satisfaction of vll Addl. Judicial Magistrate of First Class, Visakhapatnam and permit the petitioner/Accused No.1 to deposit the surety bond amount Of Rs. 10,000/-with s-lngle surety instead of Rs.50,000/-with two sureties. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri GOLLAPALLI MAHESWARA RAO, Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent and the Court made the following THE HONJBLE SRI JUSTICE K. SREENIVASA REDDY ORDER:- The CrjmjnaI Petl-tl-on is filed on behalf of the petitioner herein/Al to modI'fy the order dated 10.12.2024 in Crl.M.P.No.3138 of 2024 passed by the learned Metropolitan Sessions Judge-Gum- special Judge for TrI'al of offences under the NDPS Act, Visakhapatnam. 2. Heardandperusedtherecord. 3. The petitioner herein filed a petition for grant of regular bail I'n crI'me No.207 of 2024 of Airport police Station. By an order, dated 10.12.2024, the learned Metropolitan sessl'ons Judge-Gum-special Judge for Trial of offences under the NDPS Act, Visakhapatnam allowed the said petition by imposing certain condl'tions. Aggrieved by the sa,-d conditions imposed by the learned sessions Judge, the petjtjoner herel-n filed the present criminal petition to modify the conditions l'mposed at the time of grantl'ng bail. 4. lt is submitted that despite grant ofbail on 10.12.2024 by the learned sessions Judge, visakhapatnam, petl'tl-oner could not furnish sureties for Rs.50,000/- with two sureties to the satisfaction of the learned v" Additional Judicial Magistrate of First Class, vl'sakhapatnam. He further contends that the petl'tioner belongs to a Q2Z2 fJ`. `t 2 J, poor family and eking out his livelihood by doing cooli work and due to the said reasons, the petitioner is unable to furnish the sureties for Rs.50,000/-, and though bail was granted on 10.12.2024, the Petitioner COuld not furnish the Sureties and iS languishing in jail. ln the said facts of the case, petitioner requests to consider his case on humanitarian grounds. 5. In view of the aforesaid facts and circumstances of the case, this Court is inclined to modify the condition imposed in the order dated 10.12.2024 in Crl.M.P.No.3138 of 2024 passed by the learned Special Judge. 6. ln the result, the Criminal Petition is allowed and the petitioner herel'n shall be released on bail on his execution of Personal bond for Rs.10,000/-(Rupees ten thousand only) with two sureties each for the like sum each to the satisfaction of the learned VII Additional Judicial Magistrate of First Class, Visakhapatnam. lt is hereby made clear that the other conditions imposed by the court below shall remain same. Miscellaneous applications, pending if any, shall stand closed. /ITRUE COPY// I- -`-`-l--.--. -. -_ sAof`¥-sfs rVAgNgivTty%TfihSA4aIRO T===.TION oFFIcER For ASSISTAN I r`L.`. _ y IIIIIIlllllllllllll|lll|lllllllII_ To, 1 ) ::deg:_e:poepc:I:tlaJn::geeSSf:ornTSr:a:dogfe=ffua::l^:ddltIOnaI DIStrlct & SessIOns Judge-speclaI Judge fior Tr,a' of offences under NDPS Act VIsakhapatnam. 23; i:eAsd::eJr:ndtleC:a:eMn:g::=rn::=\ a.f:ir`st class, vISakhapatnam 34)) TThhee Ss:HP.e: ntAeinrnd^e:i :C^e+;_i I v:alH',I =I Su:Ikahs: ::::aak= 45)I Tohnees:: ':A-I _A::a_tt p.s. , vi=:kq:ipV=naaKnm 5) One cc to sR' GOLLAPALLI MAHESVVARA RAO Advocate fopucJ 6) Two cos to pubI,c prosecutor, Hlgh court ofAP rouTJ 7) one spare copy Kj f r/ HIGH COURT SRK,J DATED.. 25/02/2025 BAIL ORDER CRLP.No.1625 of 2025 ALLOWED irSd€I `t+£ap^\,qu&` ti Sco*l,~eei ]EHE], 25 EEB \\\5 gng±+£±£#grgiv#£fgr ,All;'t+qu E=