|I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE .|PRESENT: 1 THE HONOURABLE SRI JUSTICE T MALLIKARJUNA R CRIMINAL PETITION NO: 2855 OF 2025 Betwee n : [3369] M. Babu Nal-k @ Yerrababu @ Mud Nagamuni Naik, S/o Dharma Naik, aged 45 years, occ coolie, R/o. Maddimadu vl'IIage, CK Dinne MandaI, YSR Kadapa District. Petitioner/Accused|5 AND The State of Andhra Pradesh, rep by its public Prosecutor, Hl-gh Court of Andhra Pradesh, At Amaravati. Respondent/complainant petition under Sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the cl'rcumstances stated in the affidavit filed I'n Support Of the Crl'minal petI'tiOn, the HI'gh Court may be pleased to release the petitioner/accused no. 5 on bail, inquiry and trial in o.R. No.93/2024-25 of Kadapa Range couNSEL FOR THE PETITIONER : SRl. D PURNACHANDRA REDDY COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER APHCO10133242025 =±,' E IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3369] TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND ll^/ENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2855/2025 Between : M. Babu Naik @ Yerrababu @ Mud ...PETITIONER/ACCUSED Nagamuni Naik, AND The State Of Andhra :..RESPONDENT/COMPLAINANT Pradesh Counsel for the Petitioner/accused: 1. D PURNACHANDRA REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER:- This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner/A5, seeking regular bail, in O.R.No.93 of 2024-25 of Kadapa Range. 2. A case has been registered against the petitioner herein and others for the offences punishable under Sections 20(1)(c), ii, iii, iv, vi, x r/w 20(1)(d), 32A, 32B, 32C, 62A of AP forest (Amendment) Act, 2016, Rule 3(1) & (2) of AP Sandal Wood & 2 i Red Sanders Wood Transit Rules,1969, Section 29 r/w 68 r/w 29(4) (a) of AP Forest Act,1967, Rule 3 of AP Red Sanders Wood Possession Rules,1989, Sections 3, 4 and 6 of Biological Diversity Act, 2002, Section 303(2) r/w 3(5), 49, 61 (2) of BNS. 3. 3. The brief facts of the case are that this is a Case Of criminal conspiracy, criminal trespass into restricted reserve forest without any permission, committing theft of red sanders by cutting live and sander trees, shifting from forest, dumping for the purpose of smuggling illegally that occurred on 16.09.2024 at about 10.45 p.m., at forest area at Sugali Bidiki Teak Plantation locality, in which Al to A4 were arrested and 12 red sander logs, weighting 161 kgs, verna Maroon Colour car bearing No.TN-23-BE-6733 and four mobiles were seized from their possession. In the course of investigation, Al to A4 confessed about the involvement of petitioner/A5 in this crime. 4. Heard. Perused the record. 5. Learned counsel for the petitioner submits that, based on the confession of Al to A4, the crime was registered against petitioner/A5. However, from the record, it does not appear that any red sander logs were seized from the possession of A5 based on the confession of Al to A4. It is submitted that the • i/ fft;/ I 3 I/ petitioner has been in judicial custody since o1.02.2025. Except for the confession of Al to A4, no other independent materl'al has been collected to show the involvement of A5 in the commission of the offence. The learned counsel for the Petitioner further submits that the petitl-oner has a permanent abode at Maddimadu village, CK Dinne MandaI, YSR Kadapa District, and there is no possibility of his fleel'ng away from the JurisdI-CtiOn Of the Court. 6. Learned Assistant Public Prosecutor, while opposing the Prayer Of the petitI-Oner, SubmI'tS that the investigation is not complete. When ascertained the learned Assistant public Prosecutor confirmed that the petI'tiOner has no criminal antecedents. 7. ln view of the facts and circumstances of the case, since the petitioner herein is arrayed as accused No.5 basI'ng On the confessional statement of co-accused, this court is of the opinion that the release of the present petitI®Oner WOuld not hinder the investigation in anyway. Most of the witnesses are shown to be official witnesses and the release of the Petitioner/A6 would not cause hampering of investigation, this E! 4 court js jnclI'ned to grant baI'l tO the petjtI'Oner herel'n/A5, on the rr followl'ng conditI'Ons.I (l') The petitioner/A6 sha" be released on executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) wI|th two suretl-es for a ll'ke sum each to the sat,-sfactl|on of the learned JudICjaI MagI'Strate of Fl'rst class for trl-al of cases relatl-ng to the Red sander smugglI'ng, TI'ruPatI-. (lu After release, the petjtl-oner sha" appear before the statIOn House officer concerned, once l'n a week for a period of three (o3) months. (iil') That the petjtjoner l's dl'rected not to hamper the l'nvestl'gatl|on and tamper wI-th the prosecution witnesses and he shall cooperate with the l'nvestl|gatl-on. 8. Accordingly, the crl'minal petI'tjOn js a"owed. Sd/-A, VENUGOPAL iR.#`O //TRUE COPY// rANT',\REG{'S1-R¢ ¢=\ §!CTONO F!CER To] 1. The Judicial Magistrate for trial of cases relating to the Red Sander Smuggling, Tirupati 2. The Superintendent, Sub Jail, Tirupati 3. One CC to SRl. D PURNACHANDRA REDDYAdvocate [OPUC] 4. Two CCs to PUBLIC PROSECUTOR, High Court ofA.P[OUT] 5. One spare copy HIGH COURT TMR,J DATED :25/03/2025 BAIL ORDER CRLP.No.2855 of 2025 ALLOWED I-'¥-