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2025 DAILYLAW 9534 (AP)

PALLA NAVEEN KUMAR v. THE STATE OF ANDHRA PRADESH

CRLP/2215/2025 · 2025-03-25

T Mallikarjuna Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY ,THE TWENTY FIFTH DAY OF MARCH 7^^ TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2215 OF 2025 Between: Palla Naveen Kumar, S/o. Taviti Raju, aged about 24 years, R/o. D.No. 50-79-6, Kanakammavari street, seethammapeta, visakhapatnam city, Visakhapatnam District, A.P. Petitioner/Accused No.2 The State ofAndhra Pradesh, Rep by its Public Prosecutor, HI-gh Court of Andhra Pradesh. AND Respondent Petition under section 439(1) of Cr.P.C and 483(1) of BNSS is filed praying that in the circumstances stated in the affidavit filed jn support of the criminal Petition, the High Court may be pleased to modify the order passed by the Hon'ble Metropolitan sessI'OnS Judge-Gum-I AddI. District & Sessions Judge - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam in CrI.M.P. No.225/2025 in Cr. No.178/2024 dated 24.02.2O25 by considering the situation of the Petitioner/Accused No.2 as "petitioner/A2 to be released on bail on executing a self bond for Rs.10,000/-(Rupees Ten Thousand only) with single surety for a like sum to the satisfaction of Hon'ble Metropolitan Sessions Judge-Gum-i AddI. District and Sessions Judge - Special Judge for -ifff3ff5±asS;_i:fire-=X:.`:a: I A£,, c>- Tr-lal of OffenceS under NDPS Act, VisakhaPatnam instead Of "Petitioner/A2 to be released on ba" on executing a self bond for Rs.60,000/- (Rupees Sixty Thousand Only) With two Suret-leS for a like Sum each tO the Satisfaction Of Hon'b[e I Add[. Chief Judicial Magistrate, Visakhapatnam and Permit the petitioner/Accused No.2 to deposit the Surety bond amount Of Rs.10,OOO/- with single surety 'lnstead of Rs.60,000/-with two Sureties. ! The petition/Appeal coming On for hearing, upon Perusing the Petition and the grounds filed in support thereof and upon hear-lng the arguments of sr'l GOLLAPALLI MAHESWARA RAO Advocate for the Petit'loner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. ORDER-- This Criminal Petition under Section 483(1)(b) of B.N.S.S., has been filed by the petitioner/A2, seeking modification of the COnditiOnS in the bail orders vide crl.M.P.No.225/2025 dated 24.02.2025 on the file learned I Additional District & Sessions Judge, Visakhapatnam and permit the petitioners to deposit the surety bond amount of Rs.10,000/-with two sureties instead of Rs.60,000/-with two sureties. 2. The above said crime was registered against the Petitioner/A2 herein and others in cr.No,178/2024 of Dwaraka Police Station, Visakhapatnam commissionerate for the offence punishable under Sections 20(b(ii)(C) r/w 8(c) of NDPS Act,1985. 3. Without going.Into the merits Of the Case, this Criminal petition is filed only seeking modification Of COnditiOnS in the bail Orders in _==----i. cri M P No 225/2025 dated 24 02 2025 on the file of learned Metropo'ltan sess,Ions Judge, visakhapatnam. 4 lt ls submitted that desplte grant of ball by the Metropol]{an sessions Judge, vlsakhapatnam ln CrIMPNo225/2O25 dated 24O22025, petltloner/A2 could not furnl'sh suretles for Rs 60,000/-wlth two suretles to thfe satlsfactlon of statlon House offlcer, Dwaraka polICe Statl'on He further contends that the petltlOner belongs to a poor fam,ly and the petltIOner ,s the only person to look after hls famlly members by domg cooll'e work. It is further submltted that more than one month I,me elapsed after grantlng ba" to the petltloner and the petltloner fam,Iy members could not comply wlth the order by furnlshlng suretleS ln the sald facts of the case, petI'tlOner request to consI'der their case on human,'tariap grounds. 5 Learned counsel relied on a declslon reported jn SMWP (crlmlna') No 4/2021 dated 31 012023 on the f,Ie of the Hon'ble Supreme court whereI'n itF:S^O:_s.:rye,a that ¢llf the ball bonds are not furnished within a::;;;:;"f::; th.en:a^t_e__of_,grant ball, the concerned court may suo_motu tak-e :;I;`;'e"cu::e a`:d conl:Ider whether the conditions of bail require modification/rel:x:;:o;''. 6 lt seems that the court who granted ball to the pe{ItI'Oner ,'n thls crime has not taken such steps, thereby forced the petlt,'oner to approach this court. There l's nothlng on record to show that the sald submlss,ons are ,ncorrect, as such thl's court js inclined to modI'fy the ba" order. 7 ln the result, the cr,mjna' petltI'On ls a"owed and the petl'{IOnerls ordered to be released on ba" on his executlon of self bond for Rs 10,OOO/-(Rupees ten thousand onM each wlth two suretles for llke sum each lt ls hereby made +.- - c-`_±- Eiii= is-EE clear that the release of the petitioner/A2 on his execution of self bond for Rs.60,000/- (Rupees sixty thousand only) each with two sureties for like such each is only modified. The remaining conditions imposed against the petitioner/A2 shall remain unaltered. //TRUE COPY// To, SD/-G. HELA NAIDU ASSISTANT For ASSl REGISTRAR ANT REGISTRAR 1. The Metropolitan sessions Judge-Gum-I Addl. District & Sessions Judge -Special Judge for Trial of Offences under NDPS Act, VI-SakhaPatnam. 2. The I Addl. Chief Judicial Magistrate, visakhapatnam. 3. The Superintendent, central prison, visakhapatnam, visakhapatnam District 4. The Station House Officer, Dwaraka Police Station, Visakhapatnam. 5. One CC to SRl. GOLLAPALLI MAHESWARA RAO Advocate [opuc] 6. Two cos to Public Prosecutor (AP) High Court ofA.P., Amaravati [OUT]. 7. One spare copy HIGH COURT TMR,J DATED : 25/03/2025 BAIL ORDER CRLP.No.2215 of 2025 ALLOWED