IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE .PRESENT: the HONOURABLE DR JUSTICE Y. LAKSHMANA CRIMINAL PETITION NO; 7857 OF 2025 O’ 5^. II RAO " Between: 1- N Subbaiah alias Sundhar, S/o. Nagamalai, Aged 54 Bhaktavathalam BV Colony years, Occ; Coolie, R/o. D.No. 875, 26th Street Vysarapadi, Chennai, Tamilnadu State. 2. Suresh Kumar Krishnaswamy, S/o. Krishnaswamy, Aged 44 years Occ Coolie, R/o. D.No. 10 Annai Gandhi Cross Street Polavalluru Jawahar Nagar, Chennai, Tamilnadu Vettri Nagar, State. ...PetItionerS/Accused No. 3 & 4 AND rep by its Public Prosecutor, High Court of The State of Andhra Pradesh Andhra Pradesh, At Amaravati. ... Respondent/Complainant Petition under Section 480 & 483 of BNSS is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition the High Court may be pleased to release the ^ ^ pending investigation, inquiry and trial in Crime No. 25/2025 of RSASTF Police Station petitioners/accused Tirupati. The petition coming on for hearing, upon perusing the Petition memorandum of grounds filed in support thereof and arguments of SRI D PURNACHANDRA REDDY Advocate and of PUBLIC PROSECUTOR for Respondent following and the upon hearing the for the Petitioners, and the Court made the ORDER: 2 Dr. Y m,j Crl.P.No.7857 of2025 Dated 05.08.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Sections of the Code of Criminal Procedure 437 and 439 1973 (for brevity ‘the Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity 'the BNSS'), seeking to enlarge the petitloners/Acc used Nos.3 and 4 on bail in Cr.No.25 of 2025 of RSASTF Police Station, Tirupati District, registered against the petitioners/Accused Nos.3 and 4 (2) read with 3 (5) the BNS’). 49, 61 (2) herein for the offences punishable under Sections 303 of the Bharatiya Nyaya Sanhita, 2023 (for brevity of ‘the BNS’ and Sections 20 (I) (d)(1)(a) read with (a) read with 32-A, 29 (4)(a)(l) of the Andhra Pradesh Forest 20 (l)(c), ii, iii, iv, X, 36 Act, 2016. 2. The case of the prosecution is that information about the illegal transportation on receipt of credible of Red Sander logs, the he along with his Reserve Sub-Inspector of Police of RSASTF, Tirupati staff including forest officials conducted a raid near Mellemkonda Swamy statues, Gudi Gunta Forest, Ananthasagara around 4:00 A.M. During the operation m, on 20.06.2025 at they found a car and a loading items into the the individuals attempted motorcycle at the location, with several individuals car. Upon being warned in Telugu and Tamil 3 Dr. YLR, J Grip.No.7857 of2025 Dated 05.08.2025 to flee. The police apprehended four of them, while others escaped. Upon inspection, 17 Red Sander logs were found in the car, and based on the confessions of the arrested persons, an additional 38 logs were recovered from nearby bushes, totaling 55 Red Sander logs. The car motorcycle, and logs were seized, and the four accused were arrested. 3. Sri D.Purna Chandra Reddy, the learned counsel for the petitioners contends that the petitioners are innocent of the alleged offence and have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning members of the family and, therefore, their continued incarceration would cause undue hardship to their dependents. The learned counsel further submits that the petitioner/Accused No.4 had not even transported the red sender logs and that, even accepting the prosecution’s version in Toto, the alleged offence was not completed insofar as the petitioner/Accused No.4 is concerned. The petitioners undertake 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 contra, Ms. P. Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioners ■p Dr. \Pd,, Crl.P.No.7857of2025 Dated 05.08.2025 submitting that the investigation is still at progressive stage and several material witnesses remain to be examined. It is contended that if the petitioners are released on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. It is further submitted that the petitioner/Accused No.4 is the driver of Accused No.5 smuggler. It is reported that there are who is the main no adverse antecedents against the petitioners. As the alleged offence is punishable with imprisonment of up to ten years, and the petitioners have been in judicial custody for the past 46 days, their request may not be considered at this juncture. and it is urged to dismiss the petition. 5. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the petitioners were allegedly indulged in cutting and transportation of 55 Red Sander logs weighing about kgs. According to the prosecution. Accused No.5 is the main linchpin in this case; he is the 959 mam smuggler for cutting and transporting Red Sander logs from Seshachalam Forest. Accused No.5 asked Accused Nos.3 and 4 to procure coolies for trespassing into the and cutting down the Red Sander trees and taking away the Red Sander reserve forest 5 Dr. YLR, J Crl.P.No.7857 of 2025 Dated 05.08.2025 logs without prior permission. Even though the learned Assistant Public Prosecutor submits that there are no adverse antecedents against the petitioners, in view of the fact that the petitioner/Accused No.4 is the driver of Accused No.5, who is the main smuggler as alleged by the prosecution, the request of the petitioner/Accused No.4 cannot be considered at this juncture. Hence, the petition against the petitioner/Accused No.4 is dismissed. 7. The petitioner/Accused No.3 is aged about 54 years and he is a coolie eking out his livelihood. He was lured by Accused No.4 and other accused to indulge in commission of the alleged offence. 8. Considering the gravity and nature of the allegations levelled against the petitioner/Accused No.3, his alleged role played in this case. and the period of detention undergone by the petitioner in judicial custody for the past 46 days, the request of petitioner/Accused No.3 is found convincing and reasonable, this Court is inclined to enlarge the petitioner/Accused No.3 on bail. 9. In the result, the Criminal Petition is partly allowed with the following conditions: 6 Dr. YLR, J Crl.P.No.7857 of2025 Dated 05.08.2025 i- The petitioner/Accused No.3 shall be subject to he executing a personal bond for Rs. 10,000/- (Rupees Ten Thousand only) each for the like sum each to the satisfaction Judicial Magistrate of First Class for Trail of Cases to Red Sander Smuggling, Tirupati. ii- The petitioner/Accused No.3 shall Station House Officer between 10.00 am and 05:00 the learned the Trial Court, lii. The petitioner/Accused No.3 shall not leave the limits of the District without prior permission from the Station House Officer concerned. The petitioner/Accused No.3 indulge in commission of any offence in future. V. The petitioner/Accused No.3 shall investigating officer in further investigation of the shall make themselves available for interrogation by the investigating officer as and when required. enlarged on bail a sum of with two sureties of the learned relating appear before the concerned, on every Saturday in pm, till cognizance is taken by IV. shall not commit or cooperate with the case and I 7 Dr. YLR, J Crl.P.No.7857 of2025 Dated 05.08.2025 vi. The petitioner/Accused No.3 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/- K.J.RAJA BABU ASSISTANip^EpiSTRA SECTION OFFICER //TRUE COPY// [ To, 1. The Station House Officer, RSASTF Police Station, Tirupati. 2. The Superintendent, Sub Jail, Tirupati. 3. The Judicial Magistrate of the First Class for cases relating to Red ^ ^ Sanders Smuggling, Tirupati. ^ 4. One CC to SRI. D PURNACHANDRA REDDY, Advocate [OPUC] 5. One CC to SRI. PUBLIC PROSECUTOR, Advocate [OPUC] 6. One spare copy KN HIGH COURT DR.YLR,J DATED:05/08/2025 ORDER CRLP.No.7857 of 2025 ALLOWED o m «y> Mm ■ M\ \ ,4 ■k--