[3505] ..if jff_f..i. `f : `. `.` lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY ,THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE :PRESENT: / r THE HONOURABLE SRI JUSTICE I.C.D.SEKHAR .-1 CRIMINAL PETITION NO: 5778 OF 2025 try£ Between : -,, C. Thirumalai, S/o Chinna Durai, Aged about 26 years, D.No. 9, PattikudusaI village, Kollaimedu, Jathankollai Post, Anaicut TalukJ Vellore District, Tamil Nadu- AND Petitioner/Accused-5 ~~``_ r The State of Andhra Pradesh, Rep.by its Public Prosecutor, Through Station House Officer, RSASTF Police Stall-on, Tirupati district Respondent/Complainant _+- -, Petl-lion under sections 437 & 439 of Cr.P.C, (New SectI'OnS 480 & 483 of BNSS, 2023) prayI'ng that in the circumstances stated I-n the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge/release the petitioner herein/ Accused No.5 on regular bail in Crime No. 19 of 2025 of RSASTF Police Station,Tirupati district dated 25.04.2025 and pass COUNSEL FOR THE PETITIONER : MS| AYESHA AZMA S COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER THE HONOURABLE SRI JUSTICE I.C.D, SEKHAR CRIMINAL PETITION NO:5778 of 2025 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.5 on bail in cr.No.19 of 2025 of RSASTF Police Station, Tirupati District, registered against the petitioner/Accused No.5 herein and others for the offence punishable under Sections 303(2) r/w 3(5), 49, 61 (2) of BNS and Sect-IOn 20(1)(d)(i)(a) r/w 2(1)(c) ii, iii, iv, x, 36(a) r/w 32A of A.P. Forest (Am-endment) Act, 2016. 2. The caseofthe prosecution, in a nutshell, iSthatthiS iS a Case of criminal conspiracy, abetment to commit the offence, trespass into reserve forest without permission, cut the live red sander trees and committed theft and trying to shift by loading for the purpose of smuggling red sander logs that occurred on 25.04.2025 at 6.00 a.m., near Quarry Point, Veeraballi foresh Beat, Sanipaya Section and Range, Veeraballi MandaI, Annamayya District, in Which accused Nos.1 to 8 were arrested and 12 red sander logs, Weighing 316 kgs, Honda Shine motor cycle No.AP-39-RD-3392 and 7 cell phones were seized from their possession. 1. 3. Heard learned counsel for the Petitioner/Accused No.5 and the learned Assistant Public Prosecutor. Perused the record. 4. Sri Ayesha Azma, the learned counsel for the petitioner/Accused No.5 submits that the Petitioner/Accused No. has not committed any offence; he was falsely implicated by the police in the crime; he is the sole breadwinner; he would abide by any conditions to be imposed by this Court; and urged to allow the petition. 5. Per confra, Ms. K.Priyanka Lakshmi, the learned Assistant public prosecutor, opposed in granting of bail stating that some more material witnesses have to be examined; investigation is not completed; if the petitioner/Accused No.5 is enlarged on bail, he would not be available for the investigation and he WOuld escape from the clutches of law; and urged to dismiss the bail Petition. 6. As seen from the record, the Petitioner/Accused No.5 has been in the judicial custody for the Past- 47 days. The petitioner/Accused No.5 is resident of Anaicu{ Taluk, Vellore District, Tamil Nadu State. If the petitioner/Accused No.5 is enlarged on bail with stringent conditions, he would not flee away from the clutches of the law, and interest of the justice would be Served. <-a -I 7. Keep-lng in view of the Period Of detention undergone by the petitioner/Accused No.5 'In judicial Custody for more than 47 days, the nature and gravity of allegation levelled against the petitioner/Accused No.5, and his alleged role in the Case, this Court is inclined to enlarge the petitioner/Accused No.5 on bail with the following stringent conditions. 8. ln the result, the Criminal Petition iS allowed With the following conditions-. i. The petitioner/Accused No.5 shall be enlarged On bail subject to executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand Only), With two sureties 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. The petitioner is perm-ltted to furnish the sureties from the state of Andhra Pradesh. ii. The petitioner/Accused No.5 shall appear before the station House Officer, RSASTF Police Station, Tirupati District, onc-e in a month On every fourth Saturday in between 10:00 am and 05:00 pm, till cognizanCe iS taken by the learned the Trial Court. iii. The petitioner/Accused No.5 shall not commit Or indulge in commission of any offence in future. I. iv. The petitioner/Accused No.5 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. v. The petitioner/Accused No.5 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to diss'uade him/her from d-lsclosing such facts to the court or to any police officer. sd/-SHAIK MOHD. RAFl ASSISTANT E9STRAR //TRUE COPY/ TION OFFICER | u| _ To, 1. The Judicial Magistrate of First class for Trial of cases relating to Red sander Smuggling, Tirupati 2. The Superintendent, Central Prison, Chittoor 3. The Station House Officer, RSASTF Police Station, Tirupati district 4. One CC to MS. AYESHA AZMA S Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court ofA.P[OUT] 6. One spare copy •. ® HIGH COURT TCDS,J DATED:12/06/2025 BAIL ORDER CRLP.No.5778 of 2025 ALLOWED