r A 3*-*T`. -z7 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE FOURTEENTH DAYLOF AUGUST TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7877 OF 2025 Between : [3521 I 1. P. Mallikarjuna, S/o Penabadi Nagaiah, Age 26 yrs, Occ: Driver, R/o D.No. 2-534 Model colony, Pileru Town & MandaI, Annamayya District. 2. Sakthikumar Muthan, S/o Muthan, Aged about 27 years, Occ: \cultivation, R/o D. No. 228, Kill street, KoviI Kollai Village, Urgoundanur Post Panchayat, Chengham Taluka Thiruvannamalai District, Tamilnadu state. PetitI-Oner/Accused No.1 &2 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor High Court of Andhra Pradesh, at Amaravati. Respondent Petition under Sections 480 & 483 of BNSS (old Sections 437 & 439 of Cr.P.C), 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 Petitioners who was arrayed as Accused No. 1 & 2 in Crime. No. 26 of 2025 on the file of RSASTF Police Station, Tirupati, Tirupati District. The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of sri SIVAPRASAD REDDY VENATI, Advocate for the Petitioners and of PUBLIC PROSECUTOR for the Respondent and the Court made the following; .`__TtaREHotTtxp |` -/+-**r`-+ I,_-i-.I _ / 2 Dr_YLR, J CrI.P.No.7877-2O25 Dt: 14_O8_2025 The Court made the following ORDER: The Criminal Pe{itI-On has been fI-led under Sections 437 and 439 of the code of criminal Procedure, 1973 (for brevI'ty [the Cr.P.C.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity [the BNSSJ), seeking to enlarge the petitioners/Accused Nos.1 and 2 on bail in Crime No.26 of 2025 of RSASTF police Station, Tirupati, Tirupati District, registered against the petitioners/Accused Nos.1 land 2 herein for the offences punishable under sections 303 (2), read with Section 3(5) of the Bharatjya Nyaya Sanhita, 2023 (for brevity fthe BNS'), 49, 61 (2) of [the BNSj and Sections 20 (1) (d)(i)(a) read with 20 (1 )(c), I|i, iii, iV, X, 36 (a) read with 32-A, of the Andhra Pradesh Forest Amendment Act, 2016. 2. 2. The case of the prosecution is that, on 22.06.2025 at about 7.00 AM, on receipt of credible information about the illegal transportation of Red Sander logs, the Assistant Reserve Sub-Inspector of Police, RSASTF, Tirupati, he along with his staff and mediators rushed to the scene of offence I-.e. in Reserve Forest near fI'rSt turning, On Kalyani- Chakarapet Ghat Road, Nagapatla West Forest Beat, Bhakarapet Range, Chandragiri Mandal, Tirupati District and found two persons while they were in suspicI'OuS POSitiOn. The police caught hold of the two Persons and On interrogation, the Petitioners/Accused Nos.1 and 2, _\` . I-2/ ±J.~ Eg r Dr.YLR, J Crl.P. No.7877-2O25 Dt: 14.08.2025 revealed that they procured red sandal logs in the bushes. The police seized 6 red sander logs from the scene of offebnce. The police arrested the accused and registered an FIR. 3. Mr.Sivaprasad 'Reddy Venati, 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 their A family and, therefore, their continued incarceration would cause undue hardship to their dependentsl. The learned counsel further submits that the petitioners undertake {o 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 confra, Ms. P. Akhila Naidu, the learned Assistant Public prosecutor vehemently opposed the grant of bail to the petitioners, submitting that the investigation is still at progressive stage an+d 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. lt is reported that there are adverse antecedents against the petitioner. As the alleged offence is punishable I,,,- a Dr.YLR, J CrI.P. No.7877-2025 Dt: 14.08.2O25 with imprisonment of upto ten years, and the petitioners have been in judicI'al Custody for the Past 52 days, their request may not be considered at this juncture, and it is urged to dismI'SS the PetitI-On. 5. Heard the learned counsel for the peti{I'Oner and the learned Assistant Public Prosecutor. Perused the record. 6. On perusal of the record, the main allegation against the Petitioners/Accused Nos.1 and 2 is that they have engaged coolies and dumped 6 logs of red sanders weighing about 91 Kgs except for | Prospective Purchasers. Learned Assistant Public Prosecutor submits tr`at there are adverse antecedents against the petitI-OnerS. The kingpin is Accused No.3. The petitioners were arrested on 22.06.2025 and they have been in the J-udiCial Custody for the Past 52 days. The petitioner No.1 is permanent resident of pileru Town and Mandal, Annamayya District and petitioner No.2 is resident of Thiruvannamalai DI'StriCt Of Tamilnadu State. The pe{itI'OnerS have fixed abodes. So far three (3) witnesses have been examined and they are all official wI'tneSSeS. Of course, arrest of Accused No.3 is pending. Sl'nce the witnesses are all official witnesses, the question of petitioners threatening the witnesses or hampering of investigation may not arise. .|.----'r .z _\ ` 5 crl.p.No.78D7r;:2Lg,2J5 ` Dt: 14.08.2025 7. Considering the gravity and nature of the allegations levelled against the petitioners/Accused Nos.1 and 2, their alleged role played in this ca.se, and the period of detentI'On undergone by the petitioners in judicial custody for the past 52 days, this Court is inclined to enlarge the petitioners/Accused Nos.1 and 2 on bail. 8. In the result, the Criminal Petition is allowed with the following conditions: i. The petitioners/Accused Nos.1 and 2 shall be enlarged on bail subject {o they executing a personal bond for a sum of Rs.10,000/-(Rupees Ten thousand only), each with two sureties each for the like sum each to the sati'sfactI'On Of the learned Judicial Magistrate of First Class for Trail of Cases relati.ng to Red Sander Smuggling, Tirupati. ii. The petitioners/Accused Nos.1 and 2 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by.the learned the Trial Court. iii. The petI'tiOnerS/Accused Nos.1 and 2 shall not leave the limits of the District without prior permission from the station House Officer concerned. sr=*Qfi E -+ J[ i # I a Dr.YLR, J CrI.P.No.7877-2025 Dt: 14.08.2025 iv. The petitioners/Accused Nos.1 and 2 shall not commit t| or indulge in commission of any offence in'fu{ure. v. The petitioners/Accused Nos.1 and 2 shall cooperate with the investigating officer in further investl'ga{ion of the case and shall make themselves available for interrogation by the investigating officer as and when required. vi. The petitioners/Accused Nos.1 and 2 shall not, directly or indirectly, make any indLcement, 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.SRINIVASA RAJU ASS //TRUE COPY// TANTrfelREGISTDAD TION OFFICER To'1. The Judicial Mag'lstrate Of First Class for Trial of Cases relating tO Red sander smuggling, Tirupati. 2 The Additional Distrlct & SesslOnS Judge for Trlal of Red Sanders smuggling cases, Tirupati 3. The Superintendent, Sub Jail, Tirupati 4, The Station House Officer, RSASTF Police Station, Tirupat'l, Tirupati District 5. one cc to SRl. SIVAPRASAD REDDY VENATI Advocate [OPUC] 6. Two CCs to Public Prosecutor, High Court of AP [OUT] HIGH COURT DR.YLR,J DATED:14/08/2025 BAIL ORDER CRLP.No.7877 of 2025 ALLOWED