1 APHC010317032026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] WEDNESDAY,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5081/2026 Between: 1. JJH VENNELA CONSTRUCTIONS, REP. BY ITS MANAGING PARTNER,MEDAPATI RAMA SEKHAR REDDY,S/O.SRINIVASA REDDY, AGED 35 YEARSR/O. 15-9-92, MINI BYPASS ROAD,SATYAVATHI NAGAR, KOVVUR,EAST GODAVARI DISTRICT- 534350. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep by the Station House Officer,Kovvur Town Urban Police Station,East Godavari District,through the Public Prosecutor,High Court of A.P at Amaravati-522237. ...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 grant interim custody of the Bolero Vehicle bearing NO.APWK5436 in connection with in FIR.No.86 of 2026 on the file of the Kovvur Town UPS, East Godavari District and pass Counsel for the Petitioner/accused: 1. B JAYA PRABHAKARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5081of 2026 The Court made the following Order: This Criminal Petition, under Section 528 of B.N.S.S., has been filed by the petitioner herein seeking to direct the respondent to release the vehicle bearing No.AP-37-WK-5436 in connection to Crime No. 86 of 2026 dated 27.04.2026 of Kovvur Town Urban Police Station, East Godavari District, registered for the offence punishable under Section 318(4) r/w 3(5) of Bharatia Nyaya Sanhita, 2023 and Section 7(1) (a) (i) of the Essential Commodities Act, 1955. 2. Heard Mr. B Jaya Prabhakara Rao, learned counsel for the petitioner and Sri Neelothpal Ganji, learned Assistant Public Prosecutor on behalf of the respondent/State. 3. Learned counsel for the petitioner would submit that the petitioner is the registered Partnership Firm represented by its Managing Partner. He further asserts that the Partnership Firm is dealing with contruction works and is owner of the Bolero vehicle bearing No. AP-37-WK-5436. He submits that if the vehicle is exposed to sun and air, it gets damaged. It is his further submission that the petitioner is ready to abide by the conditions that may be imposed by this Court, if the vehicle is ordered for interim custody. He placed 3 reliance on the decision of the Hon’ble Supreme Court of India in Sunderbhai Ambalal Desai v. State of Gunjarat1 4. Learned Assistant Public Prosecutor opposed the petition stating that investigation is pending. 5. The offence alleged is punishable under Section 318(4) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 7 of the Essential Commodities Act, 1955. Truth or otherwise of the allegations has to be decided during the course of investigation and trial. Admittedly, the petitioner is the owner of the subject vehicle. If the vehicle is exposed to sun or air keeping in Police Station or court premises, unused, there is every possibility of the same getting damaged. Therefore, in the interest of justice, the vehicle can be ordered to be given for the interim custody of the petitioner, however, by imposing certain conditions. 6. In the result, the Criminal Petition is allowed. However, the subject vehicle bearing No. AP-37-WK-5436 (Bolero vehicle) in connection to Crime No. 86 of 2026 dated 27.04.2026 of Kovvur Town Urban Police Station, East Godavari District, is ordered to be given to the interim custody of the petitioner on the following conditions; (a) on producing the Original R.C., and executing a self bond for the value of the subject vehicle to be assessed by the Motor Vehicle Inspector, 1AIR 2003 SC 638 4 with two sureties for the like sum each, to the satisfaction of the jurisdictional Magistrate concerned; (b) on executing an undertaking that the petitioner would not alienate the said vehicle or transfer its ownership or change any physical features of the vehicle; and (c) on executing an undertaking that the petitioner would produce the vehicle as and when directed by the trial Court, till the case is disposed of, in the trial Court. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 24.06.2026 SSA 5 100 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5081 of 2026 Date: 24.06.2026 SSA