APHC010676032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3521]

(Special Original Jurisdiction)

MONDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 35034/2025 Between:

Nakritha Venkatesh @ Prasad ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. SS RAMA KRISHNA PRASAD Counsel for the Respondent(S):

1. SPL.PUBLIC PROSECUTOR FOR CID The Court made the following:

ORDER:

The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:-

“…to issue a writ in the nature of a writ of Mandamus or any other appropriate writ direction order or orders declaring the inaction on the part of the respondent No 4 in granting the interim custody of crime vehicle Tata Innova four wheeler car with Engine No 2KD6653584 Chassis No MBJ11JV 40072441541010 in Silver Mica metallic color with registration No AP 09 TA 6786 in hand overing the same to the petitioner/ A4 which was seized in Cr No 10 of 2025 of AP CID PS Mangalagiri Guntur District as being illegal contrary to law arbitrary and against the principles of natural justice and the rule of law and affected his rights guaranteed and violative of Articles 14, 19 (1)(g) and 21 of the Constitution of India and consequently direct the respondents to release the crime vehicle Tata Innova fourwheeler car with Engine No 2KD6653584 Chassis No. MBJ11JV 40072441541010 in Silver Mica metallic color with registration No. AP 09 TA 6786 of the petitioner which was seized in Cr.No.10 of 2025 of AP CID PS Mangalagiri Guntur District and to pass such other order(s)….”

2. The learned counsel for the petitioner submits that the petitioner was arraigned as Accused No.4. He is the owner-cum-driver of a Toyota Innova four-wheeler car bearing Engine No. 2KD6653584 and Chassis No. MBJ11JV4007244154-1010, in Silver Mica Metallic colour, with Registration No. AP 09 TA 6786. The investigation is still pending. The said vehicle was seized in the course of investigation and is presently lying in the custody of the 4th respondent. If the vehicle is kept idle and exposed to sun, light, air, and rain, there is every likelihood of deterioration in its condition and value. 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, P.Ajay Babu, learned Assistant Government Pleader, vehemently opposed the release of the vehicle on the ground that the investigation is still pending.

4. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home. Perused the record.

5. As seen from the record, the petitioner was arraigned as Accused No.4. He is the owner-cum-driver of the subject vehicle. If the vehicle is kept unused

AIR 2003 SC 638`

in the police station or Court premises and exposed to sun and rain, 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 Writ Petition is disposed of. The subject vehicle, i.e., Toyota Innova four-wheeler car bearing Engine No. 2KD6653584 and Chassis No. MBJ11JV4007244154-1010, in Silver Mica Metallic colour, with Registration No. AP 09 TA 6786, which was seized in connection with Crime No.10 of 2025 on the file of Andhra Pradesh CID Police Station, Mangalagiri, Guntur District, is ordered to be released to the petitioner on interim custody, subject to the following conditions:

i. The vehicle shall be released on the petitioner executing a personal bond for a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) and furnishing a