. . IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY ,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6678 OF 2025 Betwee n : [3521 I Muthuru Narahari, S/o Narasimha naidu, Aged about 29 years, R/o Dasaripalli Village, Duvvur MandaI, YSR Kadapa District. Petitioner/Accused-7 AND The State ofAndhra Pradesh, Rep. by its Public Prosecutor High Court of Andhra Pradesh, Amaravati. Resporldent/Complainant Petition under sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the circumstances stated in the affidavit fI'led in support of the Criminal Petition, the High Court may be pleased to release the Petitioners who was arrayed as Accused No. 7 in Crime. No.105 of 2025 on the file of B Mattam Police Station, Kadapa .District COUNSEL FOR THE PETITIONER : SRl. SIVAPRASAD REDDY VENATI COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER THE HONOURABLE DR JUSTICE.Y. LAKSHMANA RAO CRIIVIINAL PETITION NO: 6678/2025 ORDER: The Criminal Petition has been',filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity cthe BNSS'), seeking to enlarge the petitioner/Accused No.1 on bail in Cr|No.105 of 2025 of B Mattam Police Station, Kadapa District, registered against the petitioner/Accused No.1 herein for the offence punish;ble under sections 303(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short fthe BNS') and 20(1)(d)(i)(a)(b) read with 20(1)(c) ll, Ill, lV, X, 36(a)(b) read with 32A of the Andhra Pradesh Forest Act, 1967 (for brevity [the Act.I). 2. Facts, in brief, of the prosecution are that on 04.06.2025 at around o4:00 p.m., at a curve on the B.Mattam-Mydukur main road via Mittamanupalli, approximately 4 km west of Eswaramma Cave, B.Mattam Mandal, YSR Kadapa District, Accused No.1/Tippana Seshagiri, aged 39 years, a paddy crop machine operator of Kottur Village, along with Accused Nos.2 to 4, conspired with Accused Nos.5 to ll to illegally transport red sander logs. As per instructions of Accused No.10 and Accused No.ll, Accused Nos.1 to 9 entered the reserve fore.st area, iIIicitly cut down nine red sander trees, converted them into logs, and concealed them near the scene to facilitate illegal transportation. While awaiting the arriival of the vehicle intended to move the contraband, Sub-Inspector B.Siva Prasad of B.Mattam ``,, p.s. intercepted the accus69d. At about 06:15 p.m., on the same day, Accused Nos.1 to 4 were apprehended at the scene and nine red sander logs weighing •Jri£ 133 kg, valued at approximately Rs.2,66,00O/-, along with one axe, were seized under cover of arrest and seizure documentation. Accused Nos.5 to 9 managed to escape. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. perused the record. 4. Srl-Sivaprasad Reddy Venati, learned counsel forthe petitionersubmits that the petitioner has not committed any offence; petitioner was falsely implicated by the police in the crime; petitl'oner is the sole breadwinner; petitioner would abide'by any conditions {o be imposed by this court; if any condition is imposed while granting the bail, petitioner would not violate it; and it is urged to allow the petitio+n. 5. Per confra, Mr.Neelotphal GanJ'i, the learned Assistant Public Prosecutor, opposed in granting of bail stating that some more material witnesses have to be examined; investigation is not completed; -lf the Petitioner Was enlarged on bail, he would not be avaI'Iable for the investigation and Petitioner may threaten the witness; he would escape from the clutche-s of law; and urged to dismiss the bail petition. 6. Be that as it may, the petitioner have been in theJ'udiCia' CuStOdyfOrthe past 42 days, he was arrested on 10.06.2025. The prosecution submits that there are no adverse antecedents against the petitioner. custodial interrogation of the Petitioner is not required as the period of first fifteen days for custodial interrogation of the Petitioner is also expired. 7. The case of the prosecution is that Accused Nos.10 and ll being prime accused and engaged Accused No.1 and Accused No.7 for cutting the logs, which are nine in number and its weight is 133 kgs. As seen from the record, the learned Assistant Pub'lic Prosecutor submits that fc,ur witnesses have been examined. ln view of that, if the petitioners are enlarged on bail, they would not tamper the evidence or hamper the investigation. 8. Considering the nature and gravity of allegation levelled against the petitioners, and their alleged role played in this case, and the peric,d of detention undergone by the petitioners, this Court is inclined to enlarge the petitioners on bail with the following stringent conditions: i. The petitioner/Accused No.7 shall be enlarged on bail subject to them executing a bond for a sum of Rs.10,000/-(R,up6es ten thousand only), with two sureties each for the like sum each to the satisfaction of the learned Judicial First class Magistrate, special court of Trail Cases of Red Sanders Smuggling Offences, Tirupathi. ii. The petitioner/Accused No.7 shall appear before the Station House Officer, B,Mattam Police Station, Kadapa District, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the 'TriaI Court. iii. The petitioner/Accused No.7 shall not leave the limits of the District without prior permission from the learned Judicial First S 9. 5 Class Magistrate, special court of Trail Cases of Red Sanders Smuggling offences, Tirupathl'. Itv. The petitioner/Accused No.7 shall not commit or indulge in commission Of any offence jn future. v. The petitioner/Accused No.7 shall cooperate with the investigating officer in further investigation of the case anc] shall make himself available for interrogation by the investigating offI-Cer aS and When required. vi. The petitioner/Accused No.7 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. vii. The petitioner/Accused No.7 shall surrender their Passports, if any, to the investigating offI'Cer. If they claim that they do not have a passport, they shall submit an affidavit to that effect to the Investigating officer. Accordingly, the criminal petition is allowed. SD/-G.HELA NAIDU //TRUE COPY// ASSIST#GlSTRAR For ASSISTANT REGISTRAR To, 1. The Additional District and Sessions Judge, Special court for trial of Red Sanders Smuggling cases, Tirupati, 2. The Judicial First Class Magistrate, Special court of Trail cases of Red Sanders Smuggling offences, Tirupati 3. The Superintendent, Central Jail, Kadapa 4. The Station House officer, B Mattam Police Station, Kadapa .District 5. One CC to SRl. SIVAPRASAD REDDY VENATI Advocate [OPUC] 6. Two CCs to PUBLIC PROSECUTOR, High Court ofA.P[OuT] 7` One sr,are conv HIGH COURT DR.YLR,J DATED:21/07/2025 BAIL ORDER CRLPINo.6678 of 2025 ALLOWED