APHC010171532026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTIETH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 3106/2026 Between: 1. KANAKADURGA FINANCE LTD.,, A NON-BANKING FINANCIAL COMPANY REGISTERED UNDER THE RBI ACT, O/O 54-9-23, 100 FEET ROAD, AUTO NAGAR, VIJAYAWAD-520007. REP. BY ITS AUTHORISED OFFICER, MR.MAJJI ROSHI, S/O KONDA, AGED ABOUT. 42 YEARS, OCC COLLECTION MANAGER, O/O KANAKADURGA FINANCE LTD., COPORATE OFFICE, 54-9-23, 100 FEET ROAD, AUTO NAGAR, VIJAYAWADA-520007. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, S.H.O, URAVAKONDA URBAN POLICE STATION, ANANTAPURAMU DISTRICT. REP. BY IT'S PUBLIC PROSECUTOR, HIGH COURT OF A.P. AT AMARAVATI. 2. PALLA PRSANTH KUMAR, S/O P VEERA PAPANNA, AGED ABOUT 32, R/O D.NO 3-95, MARUTLA-LLL VILLAGE KUDERU MANDAL, ANANTHAPURAMU DISTRICT 3. CHAKALI VENKATESWARLU, S/O CHAKALI MALLESI AGED ABOUT 37 YEARS, R/O NEHURU STREET, URAVAKONDA TOWN. 4. SAI GARI RAMANJINEYULU, S/O SAI GARI BALA NARAYANA, AGED ABOUT 49 YEARS, RAJAKA STREET, TADIPATRI TOWN 5. JWALA CHANDRASEKHAR REDDY, S/O HANUMANTHA REDDY, OCC KANAKADURGA GOLD FINANCE GENERAL MANAGER. 2 6. N GURUNATH REDDY, S/O NARSI REDDY, OCC KANAKADURGA GOLD FINANCE AREA MANAGER. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. O UDAYA KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 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’), seeking to set aside or suitably modify the impugned order dated 15.05.2025 in Crl.M.P.No.35 of 2025 passed by the learned Judicial Magistrate of First Class, Uravakonda (for brevity, ‘the Trial Court’), which directs execution of a personal bond for Rs.20,00,000/- with two sureties for a like sum each, and to substitute the same with a direction permitting the Petitioner‑Company to furnish a Bank Guarantee of Rs.40,00,000/- or such other security as may be deemed fit and proper, in the interest of justice. 2. Heard learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. Notice on Respondent Nos.2 to 5 is not necessary, as notice on them was already served by ‘the learned Trial Court’ before passing the impugned order. 3 4. The learned Judicial Magistrate of First Class, Uravakonda, passed the impugned order on 15.05.2025 in Crl.M.P.No.35 of 2025 in Cr.No.14 of 2025. The Petitioner therein, who is the Branch Manager and Regional Project Head of Kanakadurga Finance Limited, sought interim custody of gold ornaments which were the subject matter of theft, by filing a petition under Section 483(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’). 5. While allowing the Petition for interim custody, ‘the learned Trial Court’ directed the Petitioner to execute a personal bond for Rs.20,00,000/- with two sureties for a like sum each, and to produce the property as and when required. 6. Mr. O. Udaya Kumar, the learned counsel for the Petitioner, therefore requested modification of the impugned order, by permitting the Petitioner‑Company to furnish a Bank Guarantee of Rs.20,00,000/- instead. 7. Since the property does not personally belong to the Petitioner, who is only an employee of Kanakadurga Finance Limited, insisting upon execution of a personal bond with two sureties is onerous. The urge of the Petitioner appears to be convincing and reasonable. 8. Considering the entire facts and circumstances of the case, the impugned order dated 15.05.2025 in Crl.M.P.No.35 of 2025 in Cr.No.14 of 2025 passed by ‘the learned Trial Court’ is hereby modified to the extent that the Petitioner-Company i.e., Kanakadurga Finance Limited shall submit a Bank Guarantee for Rs.40,00,000/- (Rupees Forty Lakhs Only) before the 4 learned Jurisdictional Magistrate. The remaining conditions, namely that the Petitioner shall not change the physical features of the property or alienate the property until further orders, shall hold good. 9. With the above directions, the Criminal Petition is disposed of. _________________________ DR. Y. LAKSHMANA RAO, J Date: 20.04.2026 PRA 5 59 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.3106 of 2026 Date: 20.04.2026 PRA