Karri Prabhakara Nageswara Satyanarayana vs State Of Andhra Pradesh, Rep By Its Public Prosecutor, High Court Of Andhra Pradesh

B V L N Chakravarthi, J

This Criminal Petition is filed by the petitioner/3rd Party/Owner under Section 482 of Criminal Procedure Code, 1973 corresponding to Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to modify the order passed by the learned Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge-cum-Special Judge for Trial of offences under NDPS Act, Visakhapatnam, in Crl.M.P.No.931 of 2024 dated 18.12.2024.

Heard Sri G.Maheswara Rao, learned counsel for the petitioner.

Learned Additional Public Prosecutor representing the State takes notice for the respondent.

Learned counsel for the petitioner would submit that the petition is filed challenging the condition imposed by the learned Special Court in an application filed under Section 457 Cr.P.C. to release the Motor Cycle for interim custody. He would submit that the petitioner is a third party to the crime, and he is nothing to do with the offence. He filed application under Section 457 Cr.P.C. for releasing the Motor Cycle for interim custody pending trial of the case. The learned Special Judge allowed the application, but imposed onerous condition of executing personal bond of Rs.1,00,000/- with one surety for like sum to the satisfaction of learned VII Additional Magistrate of First Class, Visakhapatnam, and also directed the petitioner shall furnish Bank Guarantee for the said amount.

The learned counsel for the petitioner would submit that the motor cycle was purchased in the year 2023, and as of now it’s worth around Rs.50,000/- only and in view of the circumstances, the said condition imposed by the learned Sessions Judge may be modified.

Considering the facts and circumstances, this Court is of the opinion that the condition imposed by the learned Special Judge, directing the petitioner to execute a bond for Rs.1,00,000/-with one surety and also furnish bank guarantee for the said amount is onerous condition, and requires modification.

Accordingly, the said condition imposed by the learned Sessions Judge is modified. The petitioner is directed to execute a personal bond of Rs.50,000/- with one surety for a like sum to the satisfaction of the learned VII Additional Judicial Magistrate of First Class, Visakhapatnam, instead of Rs.1,00,000/- as ordered by the learned Sessions Judge. Further, the other condition that the petitioner shall furnish bank guarantee for Rs.1,00,000/- is set-aside. The remaining conditions imposed by the learned Special Judge shall remain in-tact.

Accordingly, the Criminal Petition is disposed of, at the stage of admission with the above modifications.

As a sequel thereto, the interlocutory applications, if any, pending in this Criminal Petition shall stand closed.