IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4007/2025 Between: Malaraju Sreenivasulu @ Sreenivasulu ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: D.PURNACHANDRA REDDY Counsel for the Respondent/complainant(S): PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.2 on bail in Cr.No.9 of 2025 of RSASTF Police Station, Tirupati, registered against the petitioner/Accused No.2 herein for the offence punishable under Sections 303 (2) read with 3 (5), 49, 61(2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’), and Section 20(1)(d)(i)(a) read with 20(1) (c) ii, iii, iv, 2 Dr. YLR, J Crl.P.No.4007 of 2025 Dated 01.05.2025 x, 36(a) read with 32A of the Andhra Pradesh Forest Amendment Act, 2016. 2. The case of the prosecution is that on 17.02.2025 at about 03.30 a.m., the forest officials seized 27 Red Sander Logs along with one motor vehicle under the cover of panchanama, and registered a crime. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Sri D. Purnachandra Reddy, the learned counsel for the petitioner submits that the petitioner has not committed any offence; he is innocent; he was falsely implicated in this case; he is sole breadwinner of his family; he would abide by any conditions to be imposed by this Court; and urged to enlarge the petitioner on bail. 5. Per contra, Mr. Sandeep, the learned Assistant Public Prosecutor, argued that in this case the investigation is still in primitive stage and some more accused are to be apprehended; these Red Sanders have to be disposed of by the confiscation orders by the forest officials, and urged to dismiss the bail application. 3 Dr. YLR, J Crl.P.No.4007 of 2025 Dated 01.05.2025 6. On perusal of the record, the petitioner's role was coming into light based on the confession of Accused No.1. The petitioner/Accused No.2 is a driver. The specific allegation levelled against the petitioner is that he was a middleman for introducing some Red Sander smugglers to Accused No.1. The petitioner has been in the judicial custody since 18.03.2025. 7. In view of the nature of the allegations levelled against the petitioner, his alleged role in this case, and the period of detention undergone by the petitioner in the judicial custody, if certain stringent conditions are imposed while enlarging the petitioner on bail, the interest of justice would be served. 8. In the result, the criminal petition is allowed enlarging the petitioner on bail with the following conditions: i. The petitioner shall be enlarged on bail subject to he executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only), with two sureties each for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class for Trial of Cases Relating to Red Sander Smuggling, Tirupati. 4 Dr. YLR, J Crl.P.No.4007 of 2025 Dated 01.05.2025 ii. The petitioner shall appear before the Station House Officer, RSASTF Police Station, Tirupati, on every Saturday in between 10:00 am and 05:00 pm till the cognizance is taken by the Special Court. iii. The petitioner shall not leave the limits of the District without prior permission from the Station House Officer, RSASTF Police Station, Tirupati. iv. The petitioner shall not directly or indirectly influence or threaten or meet the witnesses. v. The petitioner shall cooperate with the investigating officer in further investigation of the case and shall be available to the investigating officer as and when called by him. _________________________ DR. Y. LAKSHMANA RAO, J Date: 01.05.2025 RSI 5 Dr. YLR, J Crl.P.No.4007 of 2025 Dated 01.05.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.4007 of 2025 Date:01.05.2025 RSI