a.L_`try_`l _-er THURSDAY ,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7454 OF 2025 [3521 I [N THE H]GH COURT OF ANDHRA PRADESH AT AMARAVATL>j`,'.: •i,i i,,I- ,. `!J -lL Between: 1. Kanumala Naresh, S/o. Kanumala Narasimhulu, Aged 29 years, Occ: cultivation, R/o. D.No.1/167, Neelapuram Village Post & Panchayath, Duvvur Mandal, YSR Kadapa D'lstr'lct. 2. Tharugu Suneel, S/o. Pedda Subbarayudu, Aged 29 years, Occ: Medical Representative, R/o. D.No. 1/49, I. Bayanapalli Village & Post, ldamadaka panchayati, Duvvur Mandal, YSR Kadapa Distr-lct. petitioner/Accused No.3 & 4 AND The State of Andhra Pradesh, rep by 'lts Public Prosecutor, High Court of Andhra Pradesh, At Amaravati Respondent/Comp[ainant petition under section 480 & 483 of BNSS is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the Pet-ltiOnerS/accused nO. 3 & 4 on bail, pending investigation, inquiry and trial in Crime No. 24/2025 of RSASTF Police Station, Tirupatj. The petition/Appeal coming on for hearing, upon Perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of sri D PURNACHANDRA REDDY Advocate for the PetitionerJj PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. •,I - Dr. YLR, J CrI.P.No.7454 of 2025 Dated 24.O7.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the code of crimI'naI Procedure,1973 (for brevity [the cr.p.c.I)/ sections 480 and 483 of the BharatI-ya Nagarik Suraksha Sanhita, 2023 (for brevity tthe BNSS'), seeking to enlarge the petitioners/Accused Nos.3 and 4 on bail in Cr.No.24 of 2025 of RSASTF PolI'Ce Station, Tirupati District, registered against the PetitI'OnerS/Accused Nos.3 and 4 herein for the offences punishable under Sections 303 (2) read with 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for brevI-ty fthe BNSJ), 49, 61(2) of {the BNSJ, SectI-On 20(1)(d)(i)(a) read with SectI'On 20 (1)(c)(ii)(Iii)(iV)(X), 36 (a) read with 32 (A) of the Andhra Pradesh Forest (Amendment) Act, 2016. 2. The case of the prosecution.is that on 12.06.2025 on receipt of credible information about illegal red sander smuggling, the Reserve Sub-Inspector of Police, RSASTF Police Station and his staff proceeded from Railway Kodur, checking possible entry/exit, dumping, and loading points. Acting on further input about smuggling near Dr.YSR Sports School, they informed the FBO of MamiIIapallI' Forest Beat and proceeded to the area. on 13.06.2025 at around 3:00 AM, while checking the forest area behind the school, they noticed several individuals with tvyo motorcycles. Upon seeing the police, the suspects attempted to flee, but five were apprehended. A search of the area led to the recovery of 34 red sander logS`.~'Ihe accused allegedly confessed their // --rpr._- 3 Dr. YLR, I CrI.P.No.7454 of 2025 Dated 24.07.2025 involvement. The police seized the logs and motorcycles, documented the scene, registered a case against the petitioners/Accused Nos.3 and 4, arrested and remanded them to judicial custody. 3. Sri D.Purna Chandra Reddy, the learned counsel for the petitioners, submits that the petitioners have not committed any offence; they were falsely implicated in this case; they are sole breadwinners of their family; they are' ready to abide any conditions to be imposed by this Court; and urged to enlarge the petitioners on bail| 4. Per confra, Ms.P.Akila Naidu, 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 petitioners are enlarged on bail, they would not be available for the investigation and they would escape from the clutches of law; and it is urged to dismiss the bail application. 5. Perused the record. 6. As seen from the FIR submitted by the Reserve Sub-Inspector, RSASTF, Tirupati, there is an allegation against the petitioners/Accused Nos.3 and 4 that they acted as mediators for procurI'ng the Prospective buyers for purchase of 34 red sander logs, which were allegedly cutdown by Accused Nos,1 and 2 by illegally entering into the revenue forest.The petitioners were arrested on 13.06.2025 and they have been in judicial custody for the past 41 . days. The learned Assistant Public Prosecutor submits that there are no -t `® 4 Dr. YLR, J Crl.P.No.7454 of 2025 Dated 24.07.2025 similar adverse antecedents against the petI'{iOnerS. The pe{i{ioners are the Permanent residents Of Neelapuram VI'IIage and I. Bayanapalli Village respectively; they have fixed abode. 7. In this case, all the witnesses are official witnesses belonging to the Task Force. The question of threatening the witnesses or hampering the evidence may not arI'Se in Case the PetitI'OnerS are enlarged on bail. 8. Keeping into consI-deratiOn the nature Of allegations levelled against the Petitioners, the Stage Of investigation, and the Period Of detention undergone by the petitioners in the J'udiCial custody, this Court is inclined to enlarge the petitioners on bail with certain stringent conditions. 9. In the result, the Criminal Petition is allowed with the following conditions: i. The petitioners/Accused Nos.3 and 4 shall be enlarged on bail subject to them executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), each with two sureties for the like sum each to the satisfaction of the learned Judicial MagI'Strate Of First Class for Trial of Cases relating to Red Sanders Smuggling, Tirupati. ii. The petitioners/Accused Nos.3 and 4 shall appear before the Station House Officer, RSASTF Police Station, Tirupati •\ _+h rr-i::rI==:= 5 Dr. YLR, I CrI.P.No.7454 of 2025 Dclted 24.07.2025 District, on every Saturday in between 10:00 am and 05:00 pm, till the fI-ling of charge sheet. ``.-`-_ __.-._-.-~. -_,,--_~`1 _`----.`.. ``.-..,,-.._ I_` - iii. The petitioners/Accused Nos.3 and 4 shall not leave the limits of the District without prior permission from the learned Trial Judge. iv. The petit'loners/Accused Nos.3 and 4 shall not commit or indulge in similar offences in future. v. The petitioners/Accused Nos.3 and 4 shall cooperate with the investI'gating Officer in further investigation Of the Case and shall be available to the investigating officer as and when called by him. vi. The petitioners/Accused Nos.3-and 4 shall surrender their Passports, if any, to the Investigating Officer. If they claim that they do not have passports, they shall submit an affidavit to the Investigating Officer to the effect. sD/-G.HELA/AIDU For //TRUE COPY// ASSISTANT Rae F\?\A R, SECTION OFFICER To, 1. The Judicial Mag]'strate of First class for Trail of cases relat]-ng to Reds Sanders smuggling, Tirupati. 2. The Superl-ntendent, sub Jail, TirupatI|. 3. The Stall-On House Officer, RSASTF Police Station, Tirupa{i. 4. One CC to SRI. D PURNACHANDRA REDDYAdvocate [opuc] 5. Two CCs to Public prosecutor (AP) High Court ofA.P., Amarava{I. [OuT]. 6. One spare copy HIGH COURT DR.YLR,J DATED :24/07/2025 BAIL ORDER CRLP.No.7454 of 2025 ALLOWED ` I \ I