=i= lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY ,THE ELEVENTH DAY OF AUGUST ` TWOTHOUSANDANDTWENTY FIVE :-PRESENT: THE HONOURABLE DR JUSTICE Y| LAKSHMANA RAb ngapap,~``¢5''J . .-.\* ~® CRIMINAL PETITION NO: 7839 OF 2025 Betwee n : Muthyala Venkatesh, s/o. Armugam, Aged 53 years, Occ Driver, R/o. D.No. 14-91, Sri Seshachala Nagar, Karakambadi Road, Tirupati, Tirupati District. i ||.Petitioner/Accused No|1 AND The State of Andhra Pradesh, rep by its public prosecutor, High Court of Andhra Pradesh, At Amaravati. - ...Respondent/ComplaI-nanE petition under sections `480 & 483 of BNSS praying that in the cI'rCumStanCeS Stated in the memorandum of grounds filed in support of the Criminal Petl'tion, the High Court may be pleased to release the Petitioner/accused nO. 1 on bai`I, pending investigation, inquiry and trial in Crime No.152/2025 of Obulavaripalli Police StatI'On, Annamayya District. The Petition coming on for hearing, upon perusing the petition and the memorandum of grounds - filed in support thereof and upon hearing the arguments of SRI D PURNACHANDRA REDDY Advocate for the petitioner,I: /( . and of PUBLIC PROSECUTOR, for the Respondent, the court made the following *_-,-i-Tat,#i1 I:-- '--- Dr_YLR, J CrI.P.No.7839 2025 Date: ll.08.2025 The Court made the following ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the code of criminal procedure, 1973 (for brevity lthe Cr.P.C.I)/ Sections 480 arld 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity [the BNSSI), seeking `to enlarge the petitioner/Accused No|1 on bail in crime No.152 of 2025 of Obulavaripalli Police Station, Annamayya District, registered against the petitioner/Accused No.1 herein for the offences punishable under Sections 303 (2),132,109(1), 61(1 ), 49 read with 190 of the Bharat-lya Nyaya Sanhita, 2023 (for brevity tthe BNS'), 49, 61 (2) of [the BNS' and Sections 20 (I) (d)(I)(a) (b) read with 20 (I)(c), ii, iii, iv, ix, 36 (a) read with 32-A, of the Andhra Pradesh Forest Act, 2016, Rules 3 and 4 of AP Sandalwood and Red Sanders Wood Transit Rules, 1969 and Section 3 of Prevention of Damage to Public Property Act, 1984 (for brevity [{he PDPP Act'). 2. 2. The case of the prosecution -ls that, on rece'lpt of credible information about the illegal transportation of Red Sander logs, the Sub- lnspector of Police Obulavaripalli Police Station, he along with his staff and mediators rushed to the scene of offence i.e. near Cheruvu AIugu, Y I Kota Village, Obulavaripalli Mandal and found some persons while they were trying to load red sander logs in the car. During the c,peration, the police apprehended seven persons. Up I- :nenf=r:lion, the police seized 4 JO -q Dr.YLR, i Crl.P.No.`/839 202S Date: ll..98.2O25 red sander logs along with instruments used to cut the logs from the scene of offence. The police arrested the accused and registered an FIR. 3. Mr.D.Purna Chandra Reddy, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. lt I'S further Submitted that the petitioner js the sole earning member of the family and, therefore, his continued incarceration would cause undue hardship to his dependents. The learned counsel further submits that the petitioner/Accused No.1 had not even transported the red sander logs and that, even accepting the prosecutionJs version in Toto, the alleged offence was not completed insofar as the petitioner/Accused No.1 is concerned. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per cot,ira, Ms. P. Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still at progressive stage and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hamperin.a +h- ~lgoing investigation and Dr.YLR, J CrI.P.No.7839 2025 Date: ll_08.2O25 evading the process of law. lt is reported that there are no adverse antecedents against the petitioner. As the alleged offence iS Punishable with imprisonment of upto ten years, and the petitioners have been in judicial custody for the past 48 days, his request may not be cons-ldered at this juncture, and it is urged to dismiss the petition. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the 'record. 6. On perusal of the record, the petitioner was indulged in transportation of 4 logs of red sander, weighing about 56 Kgs along with other accused. The allegation of the prosecution is that Accused No.2 was engaged by Accused No.7. The petitioner/Accused No.1 procured coolies. The Accused Nos.9 & 10 engaged the petitioner/Accused No.1 for transportation of 4 logs of red sanders. Learned Assistant Public Prosecutor submits that there are no adverse antecedents against the petitioner/Accused No.1. The petitioner/Accused No.1 was arrested on 24.06.2025 and he has been in the judicial custody for the past 48 days, The petitioner has got fixed abodes and he is permanent resident Of Sri Seshachala Nagar, Karakambadi Road, Tirupati. 7. Considering the gravity and nature of the allegations levelled against the petitioner/Accused No.1, his alleged role played in this case, and the period of detention undergone by the petitioner in judic'Ia! t> +< I+a Dr.YLR, I Crl.P.No.7839 202S Date: ll.08.2025 custody for the past 48 days, the request of petitioner/Accused No.1 is found convincing and reasonable, this Court is inclined to enlarge the peti{I®Oner/Accused No.1 on bail. 8. In the result, the Criminal PetI'tiOn iS allowed with the following conditions.- i. The petitioner/Accused No.1 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.10,000/-(Rupees Ten thousand only), wI'th two Sureties each for the like sum each to the satisfaction of the learned Judicial Magistrate of First class for Trail of Cases relating to Red Sander SmugglI'ng, Tirupati. ii. The petitioner/Accused No.1 shall appear before the Station House Offl-cer concerned, on every saturday in between 10:00 am and 05.loo pm, till cognizance is 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 station House OffI'Cer concerned. iv. The petitioner/Accused No.1 shall not commit or indulge in commission of any cfence in future. Dr_YLR, I Crl.P.No.7839 2025 Dclte: ll.08.2025 v. The petitioner/Accused No.1 shall cooperate with the investigating officer in further l'nvestigation of the case and shall make theinselves available for interrogation by the investigating officer'as and when required. 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. SD/-N.NAGAMMA !,`i,-'`'. .I //TRUE COPY// ASSISTANT Rgg!JiTRAR SECTION OFFICER To, 1. The Judicial Magistrate of First Class for trial of cases relating tO Red Sanders Smuggling, Tirupati. 2. The Superintendent, Sub J'ail, Tirupat'I. 3. The Station House `Officer, Obulavaripalli Police Station, Annamayya District 4. One CC to SRl. D 'PURNACHANDRA REDDY Advocate [OPUC] 5. Two cos to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spare copy PsR HIGH COURT DR.YLR,J DATED:ll/08/2025 BAIL ORDER CRLP.No.7839 of 2025 ALLOWED i-