APHC010054682026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: Between: 1. KIMUDU KONDALA RAO, S/O LATE RAMCHONDOR, R/O BODDAPUTTU, PEDABAYALU MANDAL, LINGETI POST, VISAKHAPATNAM. 1. THE STATE OF ANDHRA PRADESH, Rep. by the Public Prosecutor, High Court of A.P., Amaravathi. 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 CourtPleased to relax the order dt. 28.11.2024 passed by the Hon'bie I Additional District & Sessions Judge Special Judge for Trial of Offences Under NDPS Act: Visakhapatnam in CrI.M.P.No. 903 of 2024 in Cr.No. 292 of 2024, on the file of the Airport Police Station, Visakhapatnam City by considering the situati "Petitioner shall execute a bond for Rs. 10,000/ only) to the satisfaction of the Hon'bie VII Additional Judicial Magistrate of First Class, Visakhapatnam and without any bank guarantee" instead of "Petitioner shall execute a bond for Rs.1,00,000/ with one surety for like sum to the satisfaction of VII Additional Judicial Magistrate of First Class, Visakhapatnam. The petitioner shall furnish Bank Guarantee for Rs.1,00,000/ guarantee to release the Vehicle and pass 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 819/2026 KIMUDU KONDALA RAO, S/O LATE RAMCHONDOR, R/O BODDAPUTTU, PEDABAYALU MANDAL, LINGETI POST, ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by the Public Prosecutor, High Court of A.P., Amaravathi. ...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 CourtPleased to relax the order dt. 28.11.2024 e Hon'bie I Additional District & Sessions Judge Special Judge for Trial of Offences Under NDPS Act: Visakhapatnam in CrI.M.P.No. 903 of 2024 in Cr.No. 292 of 2024, on the file of the Airport Police Station, Visakhapatnam City by considering the situation of the Petitioner as "Petitioner shall execute a bond for Rs. 10,000/- (Rupees Ten Thousand only) to the satisfaction of the Hon'bie VII Additional Judicial Magistrate of First Class, Visakhapatnam and without any bank guarantee" instead of ner shall execute a bond for Rs.1,00,000/- (Rupees One lakh only) with one surety for like sum to the satisfaction of VII Additional Judicial Magistrate of First Class, Visakhapatnam. The petitioner shall furnish Bank Guarantee for Rs.1,00,000/-" and permit the Petitioner without any bank guarantee to release the Vehicle and pass IN THE HIGH COURT OF ANDHRA PRADESH [3521] THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO KIMUDU KONDALA RAO, S/O LATE RAMCHONDOR, R/O BODDAPUTTU, PEDABAYALU MANDAL, LINGETI POST, ...PETITIONER/ACCUSED THE STATE OF ANDHRA PRADESH, Rep. by the Public Prosecutor, ...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 CourtPleased to relax the order dt. 28.11.2024 e Hon'bie I Additional District & Sessions Judge Special Judge for Trial of Offences Under NDPS Act: Visakhapatnam in CrI.M.P.No. 903 of 2024 in Cr.No. 292 of 2024, on the file of the Airport Police Station, on of the Petitioner as (Rupees Ten Thousand only) to the satisfaction of the Hon'bie VII Additional Judicial Magistrate of First Class, Visakhapatnam and without any bank guarantee" instead of (Rupees One lakh only) with one surety for like sum to the satisfaction of VII Additional Judicial Magistrate of First Class, Visakhapatnam. The petitioner shall furnish Bank permit the Petitioner without any bank 2 Counsel for the Petitioner/accused: 1. DASARI RAMAKOTESWAR RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 819/2026 ORDER: The Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,’)/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) filed by the petitioner herein seeking to direct the respondent to release vehicle i.e., Pulsar Motarcycle, bearing Registration No. AP 40 BJ 9528 which was seized in connection to Crime No.292 of 2024 on the file of Airport Police Station, Vishakapatnam City. 2. Sri D.Ramkoteshwar Rao, the learned counsel for the petitioner, submits that the petitioner is the registered owner of the subject vehicle and that if the vehicle is exposed to sun and air, it is likely to get damaged. It is further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court, if the vehicle is ordered to be released on interim custody. The learned counsel for the petitioner relied upon the decision of the Hon’ble Apex Court in Sunderbhai Ambalal Desai v. State of Gujarat1. 3. Per contra, Ms. P. Akhila Naidu, the learned Assistant Public Prosecutor, vehemently opposed to release of the vehicle on the ground that the investigation is still pending. 1 AIR 2003 SC 638 4 4. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. The truth or otherwise of the allegations has to be decided in the course of investigation and trial. Admittedly, the petitioner herein is the registered owner of the subject vehicle. If the vehicle is kept unused in the police station or Court premises and exposed to sun, rain and air, there is every likelihood of the same getting damaged. Therefore, in the interest of justice, the vehicle can be ordered to be released on interim custody to the petitioner, subject to certain conditions. 6. Considering the facts and circumstances of the case, the Criminal Petition is disposed of. The subject vehicle, i.e., Pulsar Motarcycle, bearing Registration No. AP 40 BJ 9528, in connection with Crime No.292 of 2024 on the file of Airport Police Station, Vishakapatnam City, is ordered to be released to the petitioner on interim custody, with the following conditions: i. On his producing the original R.C. and executing a personal bond for Rs.1,00,000/- (Rupees One Lakh Only), to the satisfaction of the jurisdictional Magistrate concerned; ii. On his executing a Bank Guarantee of Rs.25,000/- (Rupees Twenty Five Thousand Only); 5 iii. On his executing an undertaking that he would not alienate the said vehicle or transfer its ownership or change any physical features of the vehicle; and iv. On his executing an undertaking that he would produce the vehicle as and when directed by the Trial Court till the case is disposed of, in the Trial Court. 7. In the result, the Criminal Petition is disposed of. 8. However, it is made clear that the appropriate authority has got authority to proceed in accordance with law for confiscation or otherwise of the vehicle, by affording due and sufficient opportunity to both sides. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date 04.02.2026 KKV