IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI x W:. I ' , « M TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8113 OF 2025 j ■'.p ti'C'i V Between: 1. Chavvakula Subramanyam @ Bakkedulodu, S/o Subbarayudu, Aged about 52 years. Occ; Cultivation, R/o Y.Kota Village, Obulavaripalli Mandal, Annamayya District. 2. Kondeti Subramanyam @ Mani, S/o Chinna Venkataiah, Aged about 35 years, Occ: Agriculture Coolie. R/o Y.Kota Village, Obulavaripalli Mandal, Annamayya District. ...Petitioners/Accused No.AI & A2 AND The State of A.P., Rep by its Public Prosecutor, High Court of A.P at Amaravati, Nelapadu, Guntur District. ...Respondent Petition under Sections 480 & 483 of BNSS, is filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition the High Court may be pleased to enlarge the petitioners/A1 &2 on bail in connection with OR No.25/2025-26, FRO, Koduru Range. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri B.S.Reddy, Advocate for the Petitioners and of Public Prosecutor for Respondent, the Court made the following 2 Dr. YLR, J Crl.P.No.8113 of2025 Dated 12.08.2025 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.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 L (for brevity ‘the BNSS’), seeking to enlarge the petitioners/Accused Nos.1 and 2 on bail in OR. No.25/2025-26 of Kodur Range, registered against the petitioners/Accused Nos.1 and 2 herein for the offences punishable under Sections 20 (1)(c)(ii)(iii)(iv)(vi) &(x), 29 (2)(b), 32-A 32-C, 62 (A)(1)(2) read with 20 (1)(d)(i) and 29 (4)(a)(i) of Andhra Pradesh Forest Act, 2016, Rule 3 and 4 of the Andhra Pradesh Sandal Wood and Red Sanders Wood Transit Rules, 1969, Sections 303 (2) read with 3(5) , 49, 61 (2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). The case of the prosecution is that it involves trespass into a 2. reserve forest, cutting and felling of red senders trees, and transportation of dressed red senders logs to unknown destinations by way of smuggling, which occurred on 15.06.2025 at about 3:30 P.M. at Chelimiguttalu locality. In this incident. Accused No.3 was arrested, and eight red senders logs weighing 231 kgs were seized from his 3 Dr. YLR, J Crl.P.No.8113 of2025 Dated 12.08.2025 possession. Basing on the confession statements, the names of the petitioners were added in this crime as Accused Nos.1 and 2. 3. Sri B.S.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 petitioners undertake to strictly adhere to 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 any of justice. 4. Per contra, 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 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, 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. 4 Dr. YLR, J Crl.P.No.8113 of2025 Dated 12.08.2025 As seen from the record, the petitioners surrendered before the learned Trial Court on 01.07.2025 and have been in judicial custody for the past 43 days. The learned Assistant Public Prosecutor fairly conceded that there are no adverse antecedents against the petitioner/Accused No.2. Accused No.3 was already enlarged on bail by the learned Trial Court on 14.07.2025 in Crl.M.P.No.2870 of 2025 in OR 6. No.25/2025-2026 of Kodur Range. 7. Considering the gravity and nature of the allegations, and no adverse antecedents against the petitioner/Accused No.2, his alleged role played in this case, and the period of detention undergone by the petitioner/Accused No.2 in judicial custody for the past 43 days, the request of the petitioner/Accused No.2 is found convincing and reasonable. This Court is inclined to enlarge the petitioner/Accused No.2 on bail with the following conditions: i. The petitioner/Accused No.2 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties each for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class-cum-Special Court for Trail of Cases relating to Red Sander Smuggling, Tirupati. 5 Dr. YLR, J Crl.P.No.8113 of2025 Dated 12.08.2025 ii. The petitioner/Accused No.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 petitioner/Accused No.2 shall not leave the limits of the District without prior permission from the Station House Officer concerned. 's 4 The petitioner/Accused No.2 shall indulge in commission of any offence in future. The petitioner/Accused No.2 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by investigating officer as and when required. Vi. The petitioner/Accused No.2 shall not, directly 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 to any police officer. With regard to the petitioner/Accused No.1, there adverse antecedents against him, three of which IV. not commit or V. the or or 8. are seven are forest 6 Dr. YLR, J Crl.P.No.8113 of2025 Dated 12.08.2025 offences. Hence, the petition against the petitioner/Accused No.1 is dismissed for the present. In the result, the Criminal Petition is partly allowed. 9. SD/- N.NAGAMIVIA ASSISTANT^EGISTRAR SECTION O^ICER //TRUE COPY// I i' To, 1. The Judicial Magistrate of First Class cum Special Court for Trial of cases relating to Red Sanders Smuggling, Tirupati. 2. The Superintendent, Sub-Jail, Tirupati. 3. The Forest Range Officer, Koduru Range, Annamayya District. 4. One CC to Sri B.S.Reddy, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, Amaravati.fOUT] 6. One spare copy. High Court of A.P. PSD HIGH COURT DR.YLR,J DATE: 12/08/2025 BAIL ORDER CRLP.No.8113 of 2025 PARTLY ALLOWED O 1/ Atg. n WE ^ m €>? ★