IN THE HIGH COURT OF ANDHRA PRADESH AT A MONDAY, THE TWENTY FIRST DAY OF JUL TWO THOUSAND AND TWENTY FIVE :PRESENT: || THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6924 OF 2025 Between : ThI-PPana Sheshagiri, s/o chinna polaiah, Aged about 39 years, Paddy Merchant operator, R/o Kottur Vl-IIage, B Mattam Town and MandaI, YSR Kadapa DI-Strict. Petitioner/Accused No.1 AND The State ofAndhra pradesh, Rep. by its public Prosecutor High Court of Andhra Pradesh, AmaravatI-. Respondent petition under Sections 480 & 483 of BNSS (Old Sections 437 & 439 of cr.p.c), prayI'ng that I-n the circumstances stated in the affidavit filed in support Of the Criminal Petition, the Hl-gh Court may be pleased to release the petitl'oner who was arrayed as Accused No.1 in Crime. No.105 of 2025 on the file of B Mattam police Stall-On, Kadapa District. The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearI'ng the arguments of Sri SIVAPRASAD REDDY VENATl, Advocate for the petitioner and of PUBLIC PROSECUTOR for the Respondent and the court made the following; •2 || THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO •_ -.;-*.F •/' \ ORDER: `.'':+._. I.. CRIMINAL PETITION NO: 6924/2025 t id ' ` r' -'''` The C'riminaI Petition has been filed under Sections 480 and 483 of the Bhara{iy; Nagarik Suraksha Sanhita, 2023 (for brevity fthe 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 hereih for the offence punishable under sections 303(2), 3(5) of Bharatiya Nyaya Sanhi{a, 2023 (for short [the; BNS') and 20(1)(d)(i)(a)(b) read with 20(1 )(c) ll, lll, 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 o4.06.2025 at around 04:00 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 c.rop 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 off Accused No.10 and Accused No.ll, Accused Nos.1 to 9 entered the reserve forest area, illicitly cut down nine red sander trees, converted them into logs, and concealed them near the scene to facilitate illegal transportation. While awaiting the arrival of the ve-hicle intended to move the contraband, Sub-Inspector B.Siva Prasad of B.Mattam P.S. intercepted the accused. At about 06:15 p.m., on the same day, Accused Mos.1 to 4 were apprehended at the scen'e and nine red sander logs weighing 3 |J 133 kg, valued at approximately Rs.2,66,000/-, along with one axe, were seI-Zed under cover Of arrest and Seizure documentation. Accused Nos.5 {o 9 managed to escape. 3. Heard learned counsel for the petitioner and the learned Assistant public prosecutor. perused the recor'd. 4. Sri Sivaprasad Reddy Venati, learned counsel for the petitioner submits that the petitioner has not committed any offence; petitioner was falsely implicated by the police in the crime; peti{joner is the sole breadwinner,- petitioner would abide by any conditions to 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 petition. 5. Per cor7fra, Mr.Neelotphal Ganji, 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 was enlarged on bail, he would not be available for the investigation and Petitioner may threaten the witness; he would escape from the clutches of law; and urged to dismiss the bail petition. 6. Be that as it may, the petitioner have been in the judicial custody for the past 46 days, he was arrested on 05.06.2025. 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 1'hatAccused Nos.10 and ll being prI-me accused and engaged Accused No.1 and Accused No.7 for cutting the logs, which are nine in number and its wel'ght is 133 kgs. As seen from the record, the learned Assistant Publl|c Prosecutor submits that four witnesses have been examined. In view of that, if the petitioners are enlarged on bail, they would not tamper the evidence or they would not tamper the I|nVeStigatiOn. 8. Considering the nature and gravity o.f allegation levelled agaI'nSt the PetitiO.nerS, and their alleged role played in this case, and the period of detention undergone by the petitioners, this court is l'nclined to enlarge the Petitioners On bail With the following stringent Conditions: i. The petitioner/Accused No.1 shall be enlarged on bal-I subject to them ex-ecuting a bond for a sum of Rs.10,000/-(Rupees ten thousand only), with two sureties each for the ll-ke sum each to the satisfaction of the learned Judicial First class Magistrate, special Court of TraI'l Cases of Red Sanders smuggling Offences, Tirupathi. ii. The petitioner/Accused No.1 shall appear before the Station House OffI'Cer, B.Mattam Police Station, Kadapa District, on every Saturday in between 10:00 am and o5:00 pm, tI-II cognizance I-S taken by the learned the Trial Court. iii. The petitioner/Accused No.1 shall not leave the limits of the District without prior permission from the learned JudicI-aI First class Magistrate, Special Court of Trail Cases of Red Sanders Smuggling Offences, Tirupathi. I'V. The petitioner/Accused No.1 shall not commit or i'ndulge in commission of any offence in future. v. The petitioner/Accused No.1 shall cooperate with the investigatl-ng officer I|n further investigation of the case and shall make hl'mself available for interrogation by the investI-gating officer as and when requI-red. vi. The petitioner/Accused No.1 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.1 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. 9. Accordingly, the Criminal Petition is allowed. SD/-G.HELANAID ASSISTANTl //TRUE COPY// TION OFFICER For To, 1. The Judicial First-class Magistrate for Special Court of Trial Cases of Red Sanders Offences, Tirupati. ->az+* 2. The Additional District & sessions Judge for Trial of Red Sanders Smuggling cases: TirupatI- 3. The Superintendent, sub Jail, Tirupati 4. The Station House Officer, B Mattam Police Station, Kadapa District. 5. One CC to SRI. SIVAPRASAD REDDY VENATI Advocate [OPUC] 6. Two CCs to Public Prosecutor, High Court ofAP [OUT] 7. One spare copy KJ HIGH COURT DR.YLRJ DATED:21/07/2025 BAIL ORDER CRLP.No.6924 of 2025 ALLOWED