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I APHC010317922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6525 OF 2025 Between: S.Majahar, S/o S.Akthar, Aged 30 years, R/o. D.No.2-65/1, Eguva Veedhi, Kallur, Pulicherla Mandal, Chittoor District. ...Petitioner/Accused No.1 AND The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent Petition under Section 482 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the Forest Range Officer Flying Squad Party, Piler to release the petitioner/Accused No.1 on bail in the event of his arrest in connection with O.R.No. 74/2024-2025 of FRO, FSP, Piler. Counsel for the Petitioner: SRI D. PURNACHANDRA REDDY Counsel for the Respondent: PUBLIC PROSECUTOR The Court made the following ORDER:
APHC010317922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] A ' ' WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6525/2025 Between:
S.MAJAHAR,, S/0 S.AKTHAR, AGED 30 YEARS, R/0. D.NO.2-65/1 EGUVA VEEDHI, KALLUR DISTRICT. PULICHERLA MANDAL, CHITTOOR ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
D PURNACHANDRA REDDY Counsel for the Respondent/compla inant:
PUBLIC PROSECUTOR The Court made the following:
ORDER; The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioner/Accused No.1 for granting of pre-arrest bail in connection
2 Dr. YLR, J Crl.P.No.6525 of2025 Dated 23.07.2025 with OR.No.74 of 2024-25 of Flying Squad Division, Filer, registered for the alleged offences punishable under Sections 32, 32B of Andhra Pradesh Forest Act, 1967 and Rule 3 of Andhra Pradesh Red Sander and Sandal Wood Possession Rules, 1969 framed under Section 29 of the Andhra Pradesh Forest (Amendment) Act, 2016 of A.P. Forest Act 1967 punishable under Section 29(4)(a)(i)(a) &36 (a) of the Amendment Act 15 of 2016 & under Section 379 of ‘the IPC’. The case of the prosecution is that on 28.01.2025 at around 10:45 P.M., on receipt of credible information about illegal sandalwood transportation, the Divisional Forest Officer, Flying Squad Division, Filer, during a vehicle check on Piler-Chittoor Road, Ashok Nagar, Pulicherla Mandal, the forest officials attempted to stop a speeding vehicle using torchlights. The driver, however, fled toward Kallur and abandoned the vehicle near agricultural land before escaping. Upon inspection, the officers found a Ford Ecosport (TN 23 BE 5179) containing three gunny bags of sandalwood weighing 43 kg. The vehicle was registered in the name of the petitioner/accused No.1. The forest officials seized the vehicle and sandalwood under Forest Special Proceedings, and a case was registered.
2.
3 Dr. YLR, J Crl.P.No.6525 of 2025-- Dated 23.07.2025 Sri. D.Purna Chandra Reddy, the
learned counsel for the petitioner, submits that the petitioner has not committed any offence; he was falsely implicated in this case; he is sole breadwinner of his family; he is ready to abide any conditions to be imposed by this Court, and it is urged to grant pre-arrest bail to the petitioner/Accused No.1.
3. Per contra, Ms.P.Akila Naidu, the learned Assistant Public
4. Prosecutor, opposed in granting of pre-arrest bail stating that investigation is not completed; if the petitioner is enlarged on pre-arrest bail, he would not be available for the investigation and he will repeat the same offence, and it is urged to dismiss the bail application. Heard the
learned counsel for the petitioner and the learned
5. Assistant Public Prosecutor. Perused the record. As seen from the record, there are specific overt acts attributed
6. against the petitioner that he had indulged in transportation of three gunny bags of sandalwood weighing 43 kgs in his vehicle. The learned Assistant Public Prosecutor also submits that there are similar adverse antecedents against the petitioner/Accused No.1. In view of the adverse antecedents against the petitioner and his specific role played in this case, he is disentitled to get pre-arrest bail.
7.
i/^ULky? 4 Dr. YLR, J Crl.P.No.6525 Of2025 Dated 23.07.2025 Hence, this Court does not deem it fit to grant pre-arrest bail to the petitioner. However, the learned counsel for the petitioner requests this Court to grant liberty to the petitioner to surrender before the learned jurisdictional Magistrate concerned and move an appropriate application for his release before the learned Magistrate concerned.
8. In the result, the Criminal Petition is dismissed granting liberty to the petitioner to surrender before the learned jurisdictional Magistrate concerned within one (01) week from the date of receipt of copy of this
order, and move an appropriate application before the learned Magistrate for enlarging him on bail. The learned Magistrate shall endeavor to dispose of the application on its own merits in accordance with law by giving due and sufficient opportunity of hearing to the learned Public Prosecutor before the learned Magistrate and pass appropriate orders within a reasonable time, preferably in two (02) days.
Sd/- U SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Forest Range Officer Flying Squad Party, Piler.
2. One CC to Sri. D. Purnachandra Reddy, Advocate [OPUC]
3. Two CCs to Public Prosecutor, High Court of Andhra Amaravati. [OUT]
4. Two CD Copies Pradesh at Chp sree
HIGH COURT DATED:23/07/2025 5 ^5 AU3 2n?5 ^ £“™"‘ Smiioii .M ^5S2?atcbssJ5<'^'
ORDER CRLP NO. 6525 OF 2025 DISMISSING THE CRIMINAL PETITION