IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4227 of 2025 Between:

Anga Sal Kumar @ Sal, S/o late Appalaraju, Age 24 years, R/o.D.No.23-60, Near Lakshmi Devi Temple, Swathantra Nagar, Madhurawada, Visakhapatnam.

...Petitioner/Owner of the Vehicle AND

1. The State of Andhra Pradesh, Through Station House Officer, P.M.Palem Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Guntur District.

...Respondent No.1

2. Indus Bank Private Limited, Visakhapatnam.

...Respondent/Defacto Complainant Petition under Section 528 of BNSS (under Section 457 of Cr.P.C)

praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to relax the condition of imposing of Rs. 70,000/- towards bank guarantee for release of the vehicle passed in Crl.M.P.No.1113 of 2024, dated 05.02.2025 on the file of the Metropolitan Session Judge - cum - 1 Additional District & Sessions Judge - Special Judge for Trial of Offences Under NDPS Act, Visakhapatnam against the Petitioner.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Ms.

Bandi Praveena, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2.

The Court made the following:

APHC010200222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3457]

(Special Original Jurisdiction)

MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4227/2025 Between:

Anga Sai Kumar (g Sai ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and ...RESPONDENT/COMPLAINANT(S)

Others Counsel for the Petitioner/accused:

1.BANDI PRAVEENA Counsel for the Respondent/complainant(S):

1. PUBLIC PROSECUTOR The Court made the following:

A-

THE HON’BLE SRI JUSTICE HARINATH CRIMINAL PETITION No.4227 OF 2025 ORDER:

1. Heard the submissions of the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State, f

2. The petitioner is aggrieved by the order, dated 05.02.2025, in Crl.M.P.I

No.1113 of 2024, passed by the Metropolitan Sessions Judge-cum-l Additional District &Sessions Judge-cum-Special Judge for Trial of

Cases under the NDPS Act, Visakhapatnam, whereby the learned Sessions Judge directed the release of the vehicle Access 125 scooty bearing registration No.AP 40 CD 0309, subject to the petitioner executing a personal bond of Rs.70,000/- with one surety for a like sum, to the satisfaction of the Court of the XVI Additional Metropolitan Magistrate, Bheemunipatnam. The petitioner was further directed to furnish a bank guarantee for a sum of Rs.70,000/-.

3. The learned counsel for the petitioner submits that the condition imposed by the learned Sessions Judge with respect to the bank guarantee is onerous.

4. Upon considering the submissions, the order stands modified to the extent that the petitioner shall furnish only a personal bond of Rs.7p,000/-with one surety for a like sum to the satisfaction of the XVI Additional Metropolitan Magistrate, Bheemunipatnam and the other conditions remains unchanged, while setting aside the condition requiring a bank guarantee.

5. With these observations, the criminal petition is partly allowed.

6. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

SD/-M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY//

To SECTION OFFICER

1. The Metropolitan Session Judge - cum -1 Additional a nSps A- Judge for iNUPb Ao., Visakhapatnam, visakhapatnam District.

Sislfct P Police Station. Visakhapatnam Am°aravl4oJ'n““'" Court ofAndhra Pradesh

4. One CC to Ms. Bandi Praveena, Advocate [OPUC]

5. Three CD Copies TK HIGH COURT DATED:28/04/2025 ORDER ALLOWING THE CRIMINAL PETITION IN PART