[3521 I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT FRIDAY ,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA CRIMINAL PETITION NO: 7194 OF 2025 rz; i, •_.`,e ,.,.\i ,. I Betwee n : 1. B Mallikarjuna, s/o. late Reddanna, Aged 43 years, R/o. NeeruguttuvaripaIIi, MadanapaIIi Town and MandaI, Annamayya District. N/o. Burujukuruvapalli Village, Peddamandyam post and Panchayat, Annamayya District. 2. P. Surendra Reddy, S/o. P. Chandra Reddy, Aged 41 years, R/o. 2-32, Madhahanam varipalll- Village, Sangaiamudram post and panchayat, Gurramkonda Mandal, Annamayya Distrl-ct. Petitioners/Accused 3 & 4 AND The State of Andhra Pradesh, rep by its public prosecutor, High Court of Andhra Pradesh, At Amaravati. Respondent/complaI-nant Petl-tI'On under Sections 437 & 439 of Cr.P.C, (New SectI-OnS 480 & 483 of BNSS, 2023) praying that I-n the circumstances stated in the affidavit filed in support of the CrI-minaI Petition, the High Court may be pleased to release the petitl'oners/accused no. 3 & 4 on bail, pending investigation, inquiry and trial in Crl'me No. 23/2025 of RSASTF Police Station TI-ruPati, Tirupati District COUNSEL FOR THE PETITIONER .-SRI. D PURNACHANDRA REDDY COUNSEL FOR THE RESPONDENT : PUBuC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER 2 Dr.YLR,J Crl_P.No.7194/2025 The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity lthe BNSSJ), seeking to enlarge .the petILtioner/Accused Nos.3 and 4 on bail in Cr.No.23 of 2025 of RSASTF ` Police Station, Tirupathi District, registered against the petitioner/Accused Nos.1 to 3 herein for the offence punishable under Sections 302(2) read with 3(5), 61(2) of Bharatiya Nyaya Sanhita, 2023 (for short tthe BNSJ), Sections 20(1)(d)(i)(a) read with 20(1)(c) ii, iii, iv, x, 36(a) r.ead with 32A, 29(4)(a)(i) ofAndhra Pradesh Forest (Amendment) Act, 2016. * --I 2. The case of the prosecution is that, on 06.06.2025 at about ll:00 p.m., based on reliable information, a police team proceeded to the scene of offence near Chowdasamudram. Using dragon light illumination, they observed a motorcycle and a few individuals standing nearby in a suspicious manner. Upon noticing the arrival of police, the individuals attempted to flee abandoning the motorcycle. However, with the active assistance of the staff, I the police team successfully apprehended four persons at the spot. Upon inspection, they recovered 48 red sanders logs and a Hero Passion Pro motorcycle. During interrogation, the apprehended persons confessed about indulging in red sanders smuggling due to financial difficulties. They disclosed thei+ connection with one Sayad Althaf of Karnataka, who, along with his brother-in-law Babu and associate Guriginjakunta Veera Amruthya @ Amrutha Naidu, were coordinating the illegal procurement and transportation of RS logs. Lakshmipathi Naidu acted as an intermediary, while Amrutha Naidu arranged labourers to cut and collect Red Sander logs from. reserved ., ±?f`xpesE3'rrm+=:==:I?===:+:i i?i 'J=s=j 4 ap#b 3 Dr.YLR,J Crl.P.No.7194/2025 forest areas. Pursuant to Althaf's instructions, red sander logs were regularly transported using vehicles sent by him. ln the present incident, 48 red sander logs had been procured and dumped at a designated location, awaiting further transportation. However, following Althaf's arrest by the Karnataka Police, Lakshmipathi Naidu decided to sell the logs independently and contacted one Rangalla Sudhakar, who then involved the other two accused. While the a'ccused were inspecting the dumped red sander logs, the police apprehended them at the scene. The seized property and the arrested accused, and a case was registered against them. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. . Sri D. Purnachandra Reddy, learned counsel for the petitioners submits that the petitioners have not committed any offence; petitioners were falsely implicated by the police in the crime; petitioners are the sole breadwinners; petitioners would abide by any conditions to be imposed by this Court; and urged to allow the petition. 5. Percontra, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that the petitioners are habitual offenders, some more material witnesses have to be examined; investigation-is not completed; if the petitioners were enlarged on bail, they would not be available for the investigation and he would escape from the clutches of law; and urged to dismiss the bail petition. FTii==*L-+ 4 Dr.YLF\,I Crl.P.No.7194/2025 6. According to the case of the prosecution, Accused No.1 is the main kingpin who is indulging in the smuggling of red sander logs,_and Accused No.2 is arranging prospective buyers for purchase of red sander logs from Accused No.1. It is therefore alleged by the prosecution that Accused No.2 arranged Accused Nos.3 and 4, who are alleged buyers, for purchase of the read sander logs from the Accused No.1. 7. Be that as it may, the petitioners have been in theJ'udiCial Custody for the past 42 days, they were arrested on o7.06.2025 ever since they have been in the remand. The prosecution submits that there are no adverse antecedents against the petitioners. The period of first fifteen days for I.of L_.-~_ custodial interrogation of the petitioner l's also expired. 8. Considering the nature and gravity of allegation levelled against the petitioners, and `t_h_e_i_r_._.alleged role played in this case, and the period of detention undergone by the petitioners, this Court is inclined to enlarge the petitioners on bail with the following stringent conditions: i. The petitioners/Accused Nos.3 and 4 shall be enlarged on bail subject to them executing a bond for a sum of Rs.25,000/- (Rupees twenty five 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. ii. The petitioners/Accused Nos.3 and 4shall appear before the station House Officer, F¥-SAL~§TF Police Station, Tirupathi 9. --I,,, 5/ Dr.YLR,J Crl.P.No.7194/2025 District, on every Satul-day in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioners/Accused Nos.3 and 4shall not leave the limits of the District without prior perm-ISSiOn from the learned Judicial Magistrate of First Class for trial of cases relating to Red Sander Smuggling, Tirupati. iv. The petitioners/Accused Nos.3 and 4sha'l not commit or indulge in commission of any offence in future. v. The petitioners/Accused Nos.3 and 4shall cooperate with the investigating officer in further investigation of the case and shall make himself available for in'terrogation by the investigating officer as and when required. vi. The petitioners/Accused Nos.3 and 4shall 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 petitioners/Accused Nos.3 and 4shall surrender their passports, if any, to the investigating officer. If they claim that they do not have a passport, they shall submit an affidavit to that effect to the Investigating Officer. Accordinalv` the Criminal Petition is allowed_ SD/-G.HELANAIDU- ASSISTANT Fort //TRUE COPY// SECTION::ffiRA R To, 1. The Judicial Magistrate of First Class for trial of cases relating to Red Sander Smuggling, Tirupati 2. The Superintendent, Special Sub jail, Tirupati 3. The Station House officer, RSASTF Police Station Tirupati, Tirupati District 4 One Cr, tn SRI D PIJRNAr,HANDRA RFDDY Advocate rOPUCl ..-. HIGH COURT DR.YLR,J DATED: 18/07/2025 BAIL ORDER CRLPINo.7194 of 2025 ALLOWED i,ss£grgivi`S£&{ :'(,':_: ; 1 ,I," ZtlZ5 g JP -¥ .`~;i`'``<lit±:i_::i:i-i `{'|{¢ih,.1,'cfttcl,+_ar_II ``,I_~ .-- _ :,,I_¥