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: 4086/2025 Between: Bairarapu Madhu, S/o. Thirupalu ...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.3 on bail in Cr.No.12 of 2025 of RSASTF Police Station, Tirupati, registered against the petitioner/Accused No.3 herein for the offence punishable under Sections 303 (2) read with 3 (5), 49, 61 (2) of the Bharatiya Nyaya Sanhita, 2023 and Section 20(1)(d)(i)(a) read with 20(1) (c) ii, iii, iv, x, 2 Dr. YLR, J Crl.P.No.4086 of 2025 Dated 01.05.2025 36(a) read with 32A of the Andhra Pradesh Forest Amendment Act, 2016. 2. The case of the prosecution is that the Reserve Sub-Inspector of Police received credible information about illegal transportation of Red Sander Logs that on 06.03.2025 at about 08.00 a.m., he proceeded to the scene of offence along with staff and found keeping of 34 Red Sander Logs and arrested three persons and seized 34 Red Sander Logs from their possession. 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 not yet completed, and urged to dismiss the bail application. 3 Dr. YLR, J Crl.P.No.4086 of 2025 Dated 01.05.2025 6. On perusal of the record, the allegation levelled against the petitioner/Accused No.3 is that he was asked by other accused to shift 34 Red Sander Logs from one place to another place. The petitioner is a coolie, resident of Village, which was near to the place of offence detected by the forest officials. The petitioner has been in the judicial custody for the past 50 days. The Accused No.4 was arrested on 08.03.2025. Therefore, the question of the petitioner interfering in the investigation would not arise. 7. Taking into consideration, the gravity of the allegation levelled against the petitioner, his alleged specific role in this case, the period of detention undergone by the petitioner, this Court is inclined to enlarge the petitioner on bail, but with certain stringent conditions. 8. In the result, the criminal petition is allowed 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.4086 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. 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.4086 of 2025 Dated 01.05.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.4086 of 2025 Date: 01.05.2025 RSI