Paravatha Muralikrishna Reddy Vs the State of Andhra Pradesh

PARAVATHA MURALIKRISHNA REDDY, S/0. PARAVATHA MUNI REDDY AGED ABOUT 67 YEARS, CONTRACT WORKS D NO. 26-1888, B V NAGAR MINI BYPASS ROAD NELLORE, NELLORE DISTRICT

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...PETITIONER/ACCUSED

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AND

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THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT BLDGS, VELAGAPUDI AMARAVATI - RESPONDENT

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P JYOTHI, ASSISTANT EXECUTIVE ENGINEER, IRRIGATION SECTION II, VARADAYAPALEM TIRUPATI DISTRICT

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...RESPONDENT/COMPLAINANT(S):

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Counsel for the Petitioner/accused:

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1.T JANARDHAN RAO

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Counsel for the Respondent/complainant(S):

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1.PUBLIC PROSECUTOR

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The Court made the following:

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Dr.YLR, J Crl.P.No.4039 of 2026 Dated 06.05.2026

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ORDER :

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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 quash or set aside the order dated 28.04.2026 passed by the learned Civil Judge (Junior Division), Sathyavedu, in Crl.M.P. No. 881 of 2026 arising out of Crime No. 07 of 2026 of Varadaiahpalem Police Station, Tirupati, and consequently direct the Respondent police to release the vehicle, i.e., a yellow-coloured excavator JCB bearing invoice No. 18860442, Serial No. 2751709, Engine No. 84487911, and Chassis No. PUNJD20BHJ2751709, to the Petitioner on interim custody, on such terms and conditions as this Court may deem fit and proper.

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Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record.

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The Petitioner was arrayed as Accused in Crime No.07 of 2026. He is the owner of the Excavator JCB invoice No.18860442, SI.No.2751709, Engine No.84487911 and Chassis No.PUNJD20BHJ2751709. The Petitioner filed an application in Crl.M.P.No.881 of 2026 arising out of Crime No.07 of 2026 of Varadaiahpalem Police Station, Tirupathi, seeking release of the said vehicle.

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In view of the strong objection raised by the learned Assistant Public Prosecutor and having regard to the seriousness of the offence involved, and also keeping in view the ratio laid down by the Hon’ble Supreme Court in

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Dr.YLR, J Crl.P.No.4039 of 2026 Dated 06.05.2026

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Sunderbhai Ambalal Desai v. State of Gujarat¹ , this Court is of the opinion that if the vehicle is kept in the police station exposed to sunlight, air and rain, the same would be subjected to damage and deterioration. On the other hand, if the vehicle is released on interim custody subject to certain conditions, such as not altering, damaging, or alienating the vehicle, the ends of justice would be met.

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Having regard to the facts and circumstances of the case, the learned trial Court is directed to release the Excavator JCB invoice No.18860442, SI.No.2751709, Engine No.84487911 and Chassis No.PUNJD20BHJ2751709 to the interim custody of the Petitioner, subject to furnishing a bank guarantee for a sum of Rs.5,00,000/- (Rupees Five Lakhs only). The petitioner shall produce the vehicle as and when required by the Trial Court. The learned Magistrate shall also follow the directions issued in Sunderbhai Ambalal Desai supra .

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