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High Court of Andhra Pradesh · body

2025 DAILYLAW 14801 (AP)

ARADU RAMESH v. THE STATE OF ANDHRA PRADESH

CRLP/3946/2025 · 2025-04-24

T Mallikarjuna Rao

body2025

Judgment text

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'* se IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3946 OF 2025 Between : 1. Aradu Ramesh, S/o. Mani, D.No. 6-70, Beerappa Cheruvu, Govinda Reddypalli Post, lrala MandaI, Chittoor District, Andhra Pradesh. 2. B. Uma Sekharu S/o. B. Chandraiah, BonthinenivaripaIIi Village, Chittecherla post, chinnagottigallu MandaI,TirupatiDistrict, Andhra Pradesh. Petitioner/Accused 1 & 2 AND The State ofAndhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, at Amaravati through station House Officer, RSASTF Police station,Tirupati, Chittoor District. Respondent/ComplaI-nant PetI-lion under Sections 437 and 439 of Cr.P.C(New Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita,2023), is filed praying that in the circumstances stated in the memorandum of grounds fI-led I-n Support Of the Criminal PetitI-On, the High Court may be pleased to release the Petitioners/ A-1and A-2 on Bail in connection with cr.No.14 of 2025 of RSASTF Police Stall-On, Tirupati, Chittoor District. 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 SRINIVASU L, Advocate for the petitioner and of PUBLIC PROSECUTOR for Respondent, the court made the following ORDER iZ2f* APHCO10185752025 E.'H IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3946/2025 Between : Aradu Ramesh and Others .UPETITIONER/ACCUSED(S) AND The State Of Andhra ...RESPONDENT/COMPLAINANT Pradesh Counsel for the Petitioner/accused(S): 1.SRINIVASU L Counsel for the Respondent/comp]ainant: 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 petitioners herein/Al and A2, seek-lng regular bail, in Crime No.14 of 2025 of RSASTF Police Station, Tirupathi District, registered for the offences punishable under Sections 303(2) read with 3(5), 49 and 61(2) of the-BNS and Sections 20(1)(d)(i)(a) read with ij, iii, iv, x, 36(a) read with 32A, 29(4)(i)(a) of A.P.Forest (Amendment) Act, 2016. 2. Brief facts of the case are that th'ls is a case of criminal conspiracy,. abetment to commit the offence, trespass into reserve fores't without permission; cut the live red sander trees and committed theft and trying to sh'lft by loading for the purpose of smuggling red sander logs that occurred on ll.03.2025 at 03.00 a.ml at Bhakarapet-Devar-akonda Road, near PulibonuvaripaIIi, Chittecherla Pancyayati, Chinngottigallu MandaI, in which, Al to A3 were arrested and 32 red sander *- t-4 Ei-_= v, logs, wet-ghjng 819 Kgs, and vehicles were seized from the possession Of accused. 3. Heard. perusedtherecord. 4. Learned counsel for the petl'tioners submits that petitioners are in judicial custody from 11`03.2025 and most of the investigation might have been completed by this tI'me and any further detention of the petitioners is not required and hence, he prays {hI'S Court to grant ba" {o the petitioners. 5. on the other hand, learned Assistant public Prosecutor opposed the grant of baI'I to the petitI-Oners herein on the ground that investigation I-n the present crime is not completed. 6. As seen from the record, the case property has been seized from the possession of the petl'tjoners and they were remanded to judicial custody on ll.03.2025 and since then they have been languishing jn J'ail. In the sal'd facts of the case, this court views that most of the I®nVeS{igation might have been completed by this t[|me and any further detention of the petjtjoners is no longer required to conduct further I'nVeStigation. It is submI'tted by the learned counsel for the petitioners that the petl'tjoners have permanent abode and there js no possibility of their fleeI'ng away from the JurI'SdjCtI®On of the Court. It is submj{ted by the leamed Assistant publI'C Prosecutor that the PetI-tjOnerS have no previous crl-me record. 7. ln view of the facts and circumstances of{he case and consllderI'ng the fact that the petI|tl'Oners here[-n have no previous crime record, this court is inclined to grant ba" to the petI-tiOners herein, on the followl'ng conditl-ons. i. The petitioners hereI-n Sha" be released on execu{I'ng a personal bond for Rs.25,000/- (Rupees twen'ty five thousand ``--. --L- so `|ts3 only) each with two sureties for a like sum each to the satisfaction' of the learned Judicial Magistrate of First class for Trial of cases relating to Red Sander Smuggling, Tirupati. ii. On release, the petitioners 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 period of two (2) months. iii. The petitioners shall make themselves available for investigation as and when required and that they shall not cause any threat, inducement or promise to the prosecution witnesses. 8. Accordingly, the Criminal Petition is allowed. SD/- K.SRI ±ThlNI+ ,EE ASS!STAN _.O jct' LEE To, psk SECTION OFFICER //TRUE COPY// F 1. The Judicial Magistrate of First Class for trial of cases relating to red sander smuggling, Tirupati. 2. The Superintendent, Sub-Jail, Tirupati, 3. The Station House Officer, RSASTF Police station,Tirupati, Chittoor District. 4. One CC to SRI. SRINIVASU L Advocate [OPUC] 5. Two CCs to the PUBLIC PROSECUTOR, High Court ofA.P [OPUC] 6. One spare copy HIGH COURT TMR,J DATED :24/04/2025 BAIL ORDER ORDER CRLP.No.3946 of 2025 ALLOWED `tt€ `v