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2025 DAILYLAW 12610 (AP)

IDAGOTTU SRINIVASULU v. THE STATE OF ANDHRA PRADESH

CRLP/3166/2025 · 2025-04-01

T Mallikarjuna Rao

body2025

Judgment text

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\ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA I._7__ __ / TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE :PRESENT: '~# / THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3166 OF 2025 Betwee n : / :`--.::.::-:.i-;`..-i. -... ldagottu Srinivasulu, S/o Rmaiah, Aged about 40 years, R/o LakhmipaIIi Village, GV Satram, Mydukur Mandal, YSR District. Petitioner/A9 AND /The State of Andhra Pradesh, rep. by its Public Prosecutor, High Coinrt at Amaravati, Guntur District, Through SHO BadveI Rural PS. Respondent/Complainant Petition under Section 437 & 439 of Cr.P.C./480 & 483 of BNSS., is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the CriminaIPetition, the High Court may be pleased to release the petitioner/A9 on bail in connection with Crime No.152 of 2024 of Badvel Rural PS The petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri. MANTAPAMPALLE RAMPRASAD Advocate for the Petitioner and of Public Prosecutor for the Respondent; The Court made the following: APHCO10148802025 ~/ lN THE HIGH COURTOFANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3369] TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3166/2025 Between : Idagottu Srinivasulu ...PETITIONER/ACCUSED AND The State OfAndhra ..,RESPONDENT/COMPLAINANT Pradesh Counsel for the Petitioner/accused: 1. MANTAPAMPALLE RAMPRASAD 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 herein/A9, seeking regular bail, in Crime No.152 of 2024 of BadveI Rural Police Station, registered for the offences punishable under Sections 307, 132 and 61(2) read with 3(5) of the BNS and Sections 20(1)(d)(i)(a)(b) read with 20(1)(c) ii, iii, iv, x, 32A read with 36(a), 29(4)(a)(i) of the A.P.Forest (Amendment) Act, 2016. 2. 2. Case of the prosecution is that this is a case of criminal conspiracy to commit red sander smuggling, criminally trespassed into the restricted reserve forest without permission, cut the live red sander tress and committed theft and trying to shift by loading for the purpose of smuggling that occurred on c-IiEiee±i±' __ _-- 2 t.fl 23,07,2024 at 05.30 p.m., near Ragimanu Kunta, Penusila LakshminarasI'mha reserve forest, Gopavaram Mandal, YSR District, in which 59 red sanders logs, weighing about 1426 kgs and other material were seized and Al to A4 were arrested On 25.02.2025 and they were remanded to J-udiCial Custody. 3. Heard. Perused the record. 4. Learned counsel for the petitioner submits that basing on the confessional statement of co-accused, the petitioner herein is arrayed as accused in the present crime. Except the said confessional statement, no other material has been collected to COnneCt the Petitioner in the commission of offence. The Petitioner has been in judicial custody from 25.02,2025, Learned Assistant Public Prosecutor opposed to grant bail on the ground that investigation in the present is not completed and the petitioner herein is involved l'n other crime. lt is submitted by the learned counsel for the petitioner that the petitioner has Permanent abode and there is no possibility of his fleeing away from the Jurisdiction of the court. lt is submitted by the learned Assistant Public Prosecutor that the injured has been discharged from the hospital and there is no danger to his life. 5. Considering the remand period of the petitioner, this court views that most of the investigation might have been completed t:--a l-l* €-` Ll,,'llll" To, A ASS!STAN-T Pertajnjng to the role played by the petitioner in the commission of the offence and most of the witness are official witnesses, the release of the accused would not cause hampering of investigation or tampering of witnesses. In the said facts of the case, thI'S Court is inclined to grant bail to the petitI-Oner hereI'n/A9, on the followI®ng COnditI'OnS. i. The petitioner herein/A9 shall be released on executing a Personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class-cum~special court for Trail of Red Sanders Smuggll'ng offences, Tirupathi. I-i. On release, the petitioner shall appear before the Station House Officer concerned, once in a week i.e., on every Sunday between 10.00 AM and 01.00 PM., for a perI'Od Of two (2) months. iii. The petitI-Oner iS dI'reCted not tO hamper the investI-gatiOn and tamPer WI-th the Prosecution Witnesses. 6. AccordI'ngly, the Crjmjnal PetI'tiOn iS allowed. -\ I--_ . -|= SD/-AI V!JA'yA 'bABdp-1 EGISTRAR |` GrFF!L`L=R /ITRUE COPY// i . I I SECTION J+.-rThe JudicI'al Magistrate of First Class-Gum-Special Court for TrI-al of Cases Relating to Red Sanders Smuggling, TI-ruPathi. 2~. The Superintendent, Central Jail, Kadapa, Kadapa District. Ei a. The Station House Officer, Badvel Rural Police Station, Kadapa District. 4f One CC to Sri. MANTAPAMPALLE RAMPRASAD, Advocate [OPUC] #. Two CCs to the PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] ~ 6. One spare copy JSS - \ HIGH COURT TMR, J DATED : 01 /04/2025 BAIL ORDER CRLP.No.3166 of 2025 ALLOWED