Dunga Manikyam Vs The State of Andhra Pradesh

DUNGA MANIKYAM, SO CHAKKARA RAO CHAKRAYYA, AGED ABOUT 45 YEARS, RO GUNTAPALLI VILLAGE PAYAKARAOPETA MANDAL,VISAKHAPATNAM DISTRICT, NOW ANAKAPALLI 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 of Andhra Pradesh at Amaravati.

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...RESPONDENT/COMPLAINANT

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Counsel for the Petitioner/accused:

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GOLLAPALLI MAHESWARA RAO

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Counsel for the Respondent/complainant:

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PUBLIC PROSECUTOR

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Dr. YLR, J Crl.P.No.5418 of 2026 Dated 13.07.2026

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The Court made the following:

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ORDER :

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The Criminal Petition has been filed under Section 483(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to modify the condition imposed on the petitioner/Accused No.1 vide order dated 12.06.2026 in Crl.M.P.No.489 of 2026 in Crime No.344 of 2025 of Payakaraopeta Police Station, passed by the learned I Additional District & Sessions Judge-cum-Special Judge for Trial of offences under ‘the NDPS Act’, Visakhapatnam.

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The learned counsel for the petitioner submits that the financial condition of the petitioner is deplorable and he is unable to comply with the conditions imposed by the learned Trial Court.

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Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.

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As seen from the record, the petitioner/Accused No.1 was found in possession of and transporting 70.00 KGs of ganja, which is not only a commercial quantity but also a colossal quantity. That is the reason why the learned Trial Court imposed stringent conditions. However, the petitioner has not been released on bail on account of the onerous conditions imposed. The petitioner was arrested on 12.12.2025 on

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Dr. YLR, J Crl.P.No.5418 of 2026 Dated 13.07.2026

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execution of P.T.Warrant. He has been in judicial custody for the past 213 days.

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Considering the above facts and circumstances of the case, the order dated 12.06.2026 in Crl.M.P.No.489 of 2026 in Crime No.344 of 2025 of Payakaraopeta Police Station, passed by the learned I Additional District & Sessions Judge-cum-Special Judge for Trial of offences under ‘the NDPS Act’, Visakhapatnam, against the petitioner/Accused No.1 is hereby modified as under:

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i. The Petitioner/Accused No.1 shall be enlarged on bail subject to his executing a bond for a sum of Rs.1,00,000/(Rupees One Lakh only) with two sureties for the like sum each to the satisfaction of the learned Additional Judicial Magistrate of First Class, Yellamanchili.

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The residual conditions imposed by the learned Trial Court, in the original order shall remain in force and shall be duly complied with by the Petitioner/Accused No.1.

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