Bora Rama Krishna, Vs The State of Andhra Pradesh

Petition under Section 483(1) of BNSS, is filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to relax the conditions passed in CrI.M.P.No. 2588 of 2024, dated 14.11.2024 by the I Additional District & Sessions JudgeSpecial Judge for trial of offences under NDPS Act, Visakhapatnam.

¶13

The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri Thulluru Nagabhushanam, Advocate for the Petitioner and of Public Prosecutor for Respondent, the Court made the following

¶14

APHC010121272025

¶15

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶16

[3369]

¶17

(Special Original Jurisdiction)

¶18

TUESDAY .THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

¶19

PRESENT

¶20

THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO

¶21

CRIMINAL PETITION NO: 2596/2025

¶22

Between:

¶23

Bora Rama Krishna,

¶24

...PETITIONER/ACCUSED

¶25

AND

¶26

The State o'f Andhra Pradesh ...RESPONDENT/COMPLAINANT

¶27

Counsel for the Petitioner/accused:

¶28

1.THULLURU NAGABHUSHANAM

¶29

Counsel for the Respondent/complainant:

¶30

1. PUBLIC PROSECUTOR

¶31

The Court made the following:

¶32

ORDER:

¶33

This Criminal Petition under Section 483(1) of B.N.S.S has been filed by the petitioner/A5, seeking modification of the conditions^{inthebailordervide} Crl.M.P.No.2588/2024 dated 14.11.2024 on the file of the learned I Additional District & Sessions Judge-Special Judge for trial of offences under NDPS Act, Visakhapatnam and permit the petitioner to execute self bond for Rs.5,000/with two sureties instead of Rs.50,000/- with two sureties.

¶34

2

¶35

TMRJ Crl.P_2596 2025

¶36

Cr.No.162 /2019 of II Town Police Station, Visakhapatnam City, was registered against the petitioner/A5 herein and others for the offences punishable under Sections 20(b)(ii)(B) read with 8(c)^{ofNDPSAct,1985.}

¶37

Without going into the merits of the case, this criminal petition is filed only seeking modification of conditions in the bail order in Crl.M.P.No.2588/2024 dated 14.11.2024 on the file of the learned I Additional District & Sessions Judge-Special Judge for trial of^{offencesunderNDPSAct,} Visakhapatnam.

¶38

It is submitted that despite grant of bail by the I^Additional District & Sessions Judge-Special Judge for trial of offences under NDPS Act, Visakhapatnam in CrI.M.P.No.2588/2024 dated 14.11.2024, petitioner/A5 could not furnish sureties for Rs.50,000/-with two^{suretiestothesatisfaction} of the II Additional Chief Judicial Magistrate, Visakhapatnam. He further contends that the petitioner belongs to a poor family^{andthepetitioneristhe} only person to look after his family members by doing^cooliework. It is further submitted that more than four months time elapsed after granting bail to the petitioner and the petitioner’s family members could^{notcomplywiththeorder} by furnishing sureties. In the said facts of the case,^petitioner requests^to consider his case on humanitarian grounds.

¶39

Learned counsel relied on a decision reported in SMWP (Criminal) No.4/2021 dated 31.01.2023 on the file of the Hon’ble Supreme Court wherein it is observed that "if the bail bon^s are^{notfurnishedwithinone}

¶40

3

¶41

TMRJ CrI.P 2596 2025

¶42

month from the date of grant bdil, the concerned Court^{maysuo-motutakeup} the case and consider whether the conditions of bail require modification/relaxation

¶43

It seems that the Court who granted bail to the petitioner^inthiscrime has not taken such steps, thereby forced the petitioner to approach this Court. There is nothing on record to show that the said submissions^{areincorrect,as} such this Court is inclined to modify the bail order.

¶44

In the result, the criminal petition is allowed and the petitioner is ordered to be released on bail on his execution of self bond for Rs.5,000/- (Rupees five thousand only) with two sureties for like sum each. It is hereby made clear that the release of the petitioner/A5 on his^execution of self bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties^{forlikesucheachis} only modified. The remaining conditions imposed against the petitioner/A5 shall remain unaltered.

¶45

giSJSTRAR //TRUE COPY//

¶46

SEI^TONOFF/CER

¶47

To,

¶48