IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY SECOND DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PE"TION NO: 7316 OF 2025 Betwee n : DevarapaIIi Naveen, S/o. late Sudhakar Reddy, Aged 36 years, R/o. Ragamma Colony, MG Nagar, Thondambattu Panchayath, Varadaiahpalem Mandal, Tirupa'ti District. ...Petitioner/Accused No.2 I,-AND The State of Andhra Pradesh, -Rep by its Public Prosecutor, High Court of Andhra Pradesh, At Amaravatlr.a `<t- 6 +`-r I ,. ...Respondent/Complainant Petition under Sections 480 & 483 of BNSS, is filed praying that in the circumstances stated in the grounds filed in support of the criminal petition, the High Court may be pleased to release the petitioner/accused no. 2 on bail pending investigation, inquiry am;d `[trial in Crime No.9/2025 of Varadaiahpalem Police Station, Tirupatj District. The petition coming on for `hearing, upon perusing the petitl-on and the grounds filed in support the'rSof and upon hearing the arguments of Sri D.Purnachandra Reddy, Ac§vocate for the Petitioner and of Public Prosecutor for Respondent, the Court made the following •j` .. APHCO10353732025 HRET lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (special Original Jurisdiction) [3521] TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO gBH"4±±EI[TION NO: 7316/2025. Between : DEVARAPALLI NAVEEN, S/O| LATE SUDHAKAR REDDY AGED 36 yEARS, R/O. RAGAMMA COLONY, MG NAGAR, THONDAMBATTU PANCHAYATH, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT ".PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High court of Andhra PradeSh, At Amaravati. ...RESPONDENT/COMPLAINANT petition under section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances. stated in the Memorandum of Grounds of criminal petition, the High Court pleased to release the petitioner/accused no. 2 on bail pending investigation, inquiry and trial in Crime No. 9/2025 of varadaiahpalem police station, Tirupati District and pass counsel for the Petitioner/accused: D PURNACHANDRA REDDY counsel for the Respondent/COmPlainant: PUBLIC PROSECUTOR The Court made the following ORDER: The Criminal Petition has been filed under Sections 480 & 483 of the Bharatiya Nagarik SurakSha Sanhita, 2023 (for brevity 'the BNSS'), seeking to enlarge the petitioner/Accused No.2 on bail in Cr.No.9 of 2025 of / `.-``. /1 I- 2 Dr.YLR',J CRL_P.No.7316/2025 Varadaiahpalem Police Station, Tirupathi District registered against the petitioner/Accused No.2 herein for the offence punI'Shable under Sections 329 (3), 303(2) of Bharatiya Nyaya Sanhita, 2023 (for short [the BNS]), 20(1)(d)(I) read with 20(1)(c)(ii)(iii)(iv)(ix)(x), 36 read wI|th 32A of the Andhra Pradesh Forest Act, 1967 (for short 'the APFA Act'), 3(1 ) Red Sandal. 2. The case of the prosecution in nutshell is that, on 09.02.2025 at about 4:30 a.m., the Sub-Inspector of police found some unknown offenders trespassing into the Reserve Forest, MG Nagar area, Varadaiahpalem Mandal while col-nmitting theft of red sander roots by digging and same were packed in gunny bags. The red sander roots were kept in the Maru{hi Suzuki swift Dizire car bearing No.TNO6R2367 and Suzuki Gixer motorcycle bearing No.AP39GK4298 were parked in front of the abandoned house towards eastern side of MG Nagar. When the accused were waiting to leave the place, the police noticed the car, motorcycle and conducted inspection. upon inspection, they found 8 Red Sander wood roots weighing about 277 kgs, valued approximately at Rs.5,54,000/-, along with the car and bike worth Rs.2,00,000/-and Rs.1,00,000/-respectively. The police checked the car and found one invoice in the name of D.Predep. The police seized the Red Sander wood roots, car and motorcycle under a cover of seizure Mahazarnama and registered a case. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. c-=sziip . 3 Dr.YLR,J CRL.P.No.7316/2025 4. Mr, D. Purna Chandra Reddy, the learned counsel for the petitioner submits that the petitioner has not committed any offence; petitioner was falsely implicated by the police in the crime; petitioner is the SOle breadwinner; petitioner would abide by any conditions to be imposed by this Court; and urged to allow the petition. 5. Perconfra, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that the pe.titioner is habitual offender, some more material witnesses have to be examined; investigation is not completed; if the petitioner is enlarged on bail, he would not be available for the investigation and he would escape from the clutches of law; and urged to dism-lss the bail petition. 6. As seen from the record, the nature of the allegation levelled against the petitioner/Accused No.2 is that he unauthorisedly entered into the Reserve Forest and tried to cut the Red Sander woods from the forest. The petitioner has been in the judicial custody for the past 43 days. He was arrested on 02.06.2025. The learned Single Judge of this Court in Crl.P.No.683.0 of 2025, on ll.07.2025, enlarged the Accused No.1 on bail. Major portion of the investigation is completed, material witnesses have been examined by the investigating officer. Ther.efore, the chance of the petitioner threatening the witnesses or hampering the investigation may not arise. 7. Considering the nature and gravity of allegation levelled against the petitioners, and their alleged role in the case and the period of detention +_---I _ 4 Dr.YLR,J CRL.P.No.7316/2025 undergone by the petI-tiOner, thI-S Court is inclined to enlarge the petitioner on bail wI|th the following stringent conditions: i. The petitioner/Accused No.2 shall be enlarged on bail subject to he executing a bond for a sum of Rs.25,000/-(Rupees twenty fl've thousand only), with two sureties each for the like sum each to the satisfaction of the learned Judge, Special Court in the Cadre of Additional District & sessions Judge for Trial of Red Sanders smuggling cases, Tirupati. ii. The petitioner/Accused No.2 shall appear before the Station House Officer, Varadaiahpalem Police Station, TI'ruPati, on every Saturday in between 10:00 am and o5:00 pm, till COgnI'ZanCe iS taken by the learned the Trial Court. IfI'. The petitioner/Accused No.2 shall not leave the limits of the DistrI'Ct Without Prior Perml-SSiOn from the learned Judge, Special Court in the Cadre of Additional District & Sessions Judge for Trial of Red Sanders Smuggling Cases, Tirupati. iv. The petI|tiOner/Accused No.2 shall not commit or indulge I'n -commission of any offence in future. v. The petitioner/Accused No.2 shall cooperate with the investigating officer in further investI'gatiOn Of the Case and shall make themselves available for interrogation by the investigating officer as and when required. €` .='3,-- zi#E= 5 Dr.YLR,J CRL.P. No.7316/2025 vi. The petitioner/Accused No.2 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.2 shall surrender his passport, if any, to the investigating officer. lf he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. 8. Accordingly, the Criminal Petition is allowed. SD/-G.HELANAI_nU- //TRUE COPY// A S S:SETar:lSTRAR FICER :*:--.JI To, .t,;i-i 1. The Judicial Magistrate 6f First Class for Trial of cases relating to Red sanders smuggling, Tirupat-hi. 2. The Judge, Special Court in the cadre of Additional District & Sessions Judge for Tr'lal of Red Sanders Smuggling Cases, Tirupati. 3. The Superintendent, Sub Jail, Tirupati. 4. The Station House Officer, Varadaiahpalem Police Station, Tirupathi District. 5. One CC to Sri D.Purnach,an,c!#a Reddy, Advocate [OPUC] 6. Two CCs toPUBLIC PROSECUTOR, High Court of A.P,, Amaravati.[OUT] 7. One spare copy. PSD I HIGH COURT DR.YLR,J DATED : 22/07/2025 BAIL ORDER CRLP.No.7316 of 2025 ALLOWED