`-=---*~ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8052 OF 2025 Between : 1. Desuri Desal-ah, S/o D. Ramesh, aged 19 years, PulibonupallI' VI'llage:, Nerabailu Post, Yerravaripalem MandaI, Tirupati, ChI-ttOOr District, Andhra Pradesh. 2. Bhagi Naresh, S/o B. Venkatramaiah, aged 27 years, Aravavandlapall[' Village, VR Agraharam panchayath, Bodevandlapalli Post, Yerravaripalem Mandal, Tjrupati District, Andhra pradesh. .... Petitioner/Accused 4 & 5 AND The State Of Andhra Pradesh, Rep. by its Public Prosecutor High Court of Andhra Pradesh, at Amaravati through state-Forest Range Officer, Bhakarapeta range, Tirupati, Chi{toor District. ..u Respondent/Complainant Petition under Section 480 & 483 of BNSS is filed, praying that in the circumstances stated in the affidavit filed in support of the criml-naI Petition, the High Court may be pleased to enlarge the petitioner on bail in oR. No.12 / 2O25-26 on the file of Bhakarapeta Range. The petition coming on for hearing, upon perusing the petition and th6 affidavit filed in support thereof and upon hearing the arguments of sR! SRINIVASU L Advocate for the petitioners, Assistant Public Prosecutor for the respondent and the Court made the fo[!owing. ORDER Dr.YLRJ Cr/. P. IVo.8O52 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 [the Cr.P.C.I)/ Sections 480 and 483 of the Bhara{iya Nagarik Suraksha Sanhita, 2023 (for brevity lthe BNSSJ), seeking {o enlarge the petitioners/Accused Nos.4 and 5 on bail in Crime No.12 of 2025-26 of Bhakarapeta Range, registered against the petitioners/Accused Nas.4 and 5 herein for the offences punishable under Sections 2O(1)(c)(ii)(iii)(iv)(x) read wl-th 20 (1)(d)(i), 29(2)(b), 29(4)(a)(i), 29(4)(b) of the Andhra Pradesh Forest Act 1967, Sections 32A, 32C of Arp Forest (Amendment) Act, 2016, Rule 3 of AP Sandal Wood and Red Sanders Wood Transit Rules, 1969, Sections 27 & 29 of Wild Life Protection Act, 1972. 2. The case of the prosecution is that, on 29.06.2025, on receipt of credible information about the illegal transportation of Red Sander logs, the Forest Range Officer, Bhakarapet Range along with Range staff and protection watchers, proceeded to conduct combing operations in Talakona Central beat of Nerabailu Section and found five persons while they were carrying Red Sanders logs. During the operation, the police apprehended two persons and another three persons were escaped from the scene of offence. Upon inspection, the police seized 5 rough, A Ot. Crl.P.No.8052_2oc` Date:ll.O8.2025 dressed red sander logs from the scene of offence. The police arrested the petitioners/accused Nos.4 & 5 and registered an FIR. 3. Mr.L.Srinivasu, the learned counsel for the Petitioners contends that the petitioners are innocent of the alleged offence and have been falsely implicated by the police. lt is further submitted that the pet'ltioners are the sole earning members of their family and, therefore, their continued incarceration would cause undue hardship to their , dependents. The learned counsel further Submits that the petitioners/Accused Nos.4 aid 5 had not even transported the red sander logs. The pe{i{'loners undertake to Strictly adhere tO any conditions that may be imposed by this Court. The petitioners are permanent residents of yerravaripalem mandal, Tirupati District. In light of the foregoing, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per cor7fraJ Ms. P. Akhila Naidu, the learned Assistant Public prosecutor vehemently opposed the grant of bail tO the Petitioners, subm'ltting that the investigation is s{'lll at progressive stage and several material witnesses remain to be examined. lt is contended that if the petitioners are released on ba'll 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 no adverse I -* --^.`~ I,`--a+ 4 Dr-YLRJ Cr'.P.No.80S2_202S antecedents agaI'nSt the petl'tioner. As the alleged offence is punI-Shable Dclte:ll.O8.2025 with jmprjsonmen{ of upto ten years, and the petI-tI'Oners have been in jud[-cjal custody for the past 43 days, the[-r request may not be consl|dered a{ {hjs juncture, and I't iS urged {o dI'Smiss the pe{l|tion. 5. Heard the learned counsel for the petl|{[-oners and the learned Ass[-stan{ public Prosecutor. perused the record. 6. on perusal of the record, the pet[|tjoners/Accused No.4 and 5 were allegedly l|ndulged l|n cutting red sander trees and sl|z['ng the logs at the request of other accused for a sum of money as their coo'je. The petI|tjOner No.1/Accused No.4 is aged about 19 years and pe{itI-Oner No.2/Accused No.5 is aged about 27 years. The petI'tI-Oners were arrested on 29.06.2025 and from the past 43 days, they are jn judI-CjaI custody. The pe{[|{ioners/Accused Mos.4 and 5 were allegedly cutting down 6 logs of red sanders weighing about 128 Kgs. The petitioners have got fixed abodes and they are permanent residents of Tjrupa{l| DistrI'Ct. 7. Considering the gravity and nature of the allegations levelled against the peti{[|oners/Accused Nos.4 and 5, {heI-r alleged role played jn this case, and the period of detention undergone by the petitioners in judicial custody for the past 43 days, the request of petitioners/Accused CrI . P. No.8052-z`. Dote:ll.08.202s Nos.4 and 5 is found convincing and 'reasonable, this Court is inclined to enlarge the petitioners/Accused Nos.4 and 5 on;bail. 8. ln the result, the Criminal Petition is allowed with the following conditions: i. The petitioners/Accused Nos.4 and 5 shall be enlarged on bail subject to 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 to the satisfaction -of I-he |J Iearned` Judicial Magistrate of First Class for Trail of Cases relating to Red Sander Smuggling, Tirupati. ii. The petitioners/Accused Nos.4 and 5 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pmJ till cognizance is taken by the learned the Trial Court. iii. The petiti`oners/Accused Nos.4 and 5 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The.petitioner,s/Accused Nos.4 and 5 shall not commit or indulge in commission of any-offence in future. v. The petitioners/Accused Nos.4 and 5 shall cooperate with the investigating_Officer in' further investigation Of the / .-i:<->= 6 D I.YLR, I a,,.P.rvc,.8O52 2O25 Dale.'JI.Og.2O25 case and shall make themselves available for interrogation by the investigating officer as and when required. vi. The petitioners/Accused Nos.4 and 5 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.SRINIVASA RAJU //TRUE COPY// ASSISTgrlSTRAR a To, k®r SECTION OFFICER 1. The Special court for JudI'CI'aI Magistrate of Fl-rst class Trial of cases Relating to Red sanders smuggling.-Tirupati. 2. The Superintendent, sub-Jail, TI-ruPati. 3. The State-Forest Range offl-cer, Bhakarapeta range, Tirupati, chjttoor District. (by RPAD) 4. One CC to .SRI. SRINIVASU L Advocate [opuc] 5. Two CCs to PUBLIC PROSECUTOR, High Court ofAndhra Pradesh.[ouT] 6. One spare copy HIGH COURT DR.YLR, J DATED:ll/08/2025 BAIL ORDER CRLP.No.8052 of 2025 ALLOWED 14 AuGanB F=m