xp IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV TUESDAY, THE TWELFTH DAY OF AUGUST Z TWO THOUSAND AND TWENTY FIVE / TrfH :PRESENT: ONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8171 OF 2025 / Betwee n : Rage Nagendra Prasad, S/o Rage Nagaiah, Aged about 28 years, Caste Boya (ValmikI'), Occupation Coolie, Resident of Jandlavaram Village, Mydukur Mandal, YSR Kadapa District, Andhra Pradesh. ...PETITIONER/ACCUSED NO.1 AND The State of Andhra Pradesh, .,Represented by the State Public Prosecutor, High Court of Andhra Pradesh, Amaravati, Through Forest Range Officer, Onipenta Range, YSR Kadapa District. ...RESPONDENT/COMPLAINANT Petition under section 480 & 483 of BNSS/437 & 439 of Cr.P.C. is filed, praying that I'n the Circumstances Stated in the memorandum Of grounds filed in support of the criminal petition, the High Court may be pleased to direct the Petitioner/Accused. No.1 be released on bail in connection with the OR.No.16 OF 2025-26, FRO Onipenta Range, Kadapa District dated 24.06.2025. / The petition coming on for hearing, upon perusing the petition and the memorandum of grounds fI-led in Support thereof and upon hearing the arguments of SRI DHEERA KANISHKA Advocate for the PetitI'Oner, and Of PUBLIC PROSECUTOR for Respondent, and the Court made the following ORDER.. Dr-YLR, J` CrI.P.No.8171 of 2025 Dated 12.08.2025 The Court made the following.- ORDER: The Criminal Petition has been filed under sectI|OnS 437 and 439 of the code of criml|naI Procedure, 1973 (for brevity tthe cr.p.c.I)/ sections 480 and 483 of the Bharatjya Nagarik suraksha sanhi{a, 2023 (for brev['ty {{he BNSS'), seekI'ng tO enlarge the petitioner/Accused No.1 on baI'[ jn OR.No.16/2025-26 of FRO Onipenta Range, Kadapa District, regI-Stered against the petI'tiOner/Accused No.1 hereI'n for the offences punishable under sections 20 (1)(c)(j]')(v[-i) of Andhra Pradesh Forest Act, 1967, Sections 9 read with 16 (a), 39, 51 of the wI-ldlife ProtectI-On Act,1972, and SectI'OnS 5 (a), 7(a), and sectI|On 25 of the lndI'an Arms Acts] 1959. 2. The case of the prosecution js that the accused, along with one unidentifI'ed Person, entered the Reserved Forest near ThuwapalII- cheruvu with the intention of hunting wild animals and was found jn possession of a country-made firearm. on bel-ng apprehended by the forest offI-CialS, the accused was allegedly found with a single-barrel gun and some covers. The accused was thereafter remanded to judicial custody. t=i I ,.g _L1-- ------I A<-= ,-- . ,- E! 3 Dr. YLR, I Crl.P.No.8171 of 2025 Dated 12.08.2025 3. Mr.Dheera Kanishka, 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 is further submitted that the petitioner is the sole earning member of the family and, therefore, his continued incarceration would cause undue hardship to his dependents. The petition6r undertakes to strictly adhere to any condI'tiOnS that may be imposed by this Court. ln light of the foregoing, learned counsel prays that the present petition be allowed in the interest of justice. I,. 4. Per confra, 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 tot be examined. I{ is contended that if the petI'tiOner iS released On bail at this Stage, there iS a Strong likelihood that he may abscond, thereby hampering the ongoing investI'gatiOn and evading the process of law, 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. As seen from the record, the petitioner was allegedly trespassed into the reserved forest with a country-made fire arm without there being any license. Of course, the~[e_vyas no allegation that he hac! killed any \\ -- ji Dr. YLR, ` Crl.P.No.8171 of 2025 Dated 12.O8.2O25 wild life in the forest. The petitioner was arrested on 24.06.2025, he has been in the judicial custody for the past 48 days. 7. Considering the gravity and nature of the allegations against the petitioner, his alleged role played in this case, and the period of detention undergone by the petitioner/Accused No.1 in judicial custody for the past 48 days, this Court is inclined to enlarge the petitioner/Accused No.1 on bail with the following conditions: i. The petI'tiOner/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), with two sureties each for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Mydukur. ii. The petitioner/Accused No.1 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.1 shall not leave the limits of the District without prior permission from the Station House Officer concerned. ./ 5 Dr. YLR, J CrI.P.No.8171 of 2025 Dclted 12.08.2025 iv. The petitioner/Accused No.1 shaIIL not commit Or indulge in commission of any offence in future. v. The petitI'Oner/Accused No.1 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. vi. The petitioner/Accuse.d No.1 shall not, directly or indirectly, make any inducement, threat or promise to any I/ person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts {o the court or to any police officer. 8. [n the result, the Criminal Petition is allowed. sD/-K. KASIRAO ACHAR[ ¢c"vus*se._=1-A`S //TRUE COPY// ASS]STAN],REGIS BAR a IONOF I R To, 1. The Forest Range Officer, onjpenta Range, YSR Kadapa DistrI-Ct. 2. The Judicial MagI-Strafe of the First class, Mydukur, Kadapa. 3. The `Superintendent, central PrI-son, Kadapa. 4. One CC to SrI-. Dheera Kanishka, Advocate [opuc] 5. Two CCs to Public Prosecutor, High Court ofAndhra Pradesh. [opuc] f= rna er`arJ1 ^^r`w HIGH COURT DR.YLR,J DATED : 12/08/2025 ORDER CRLP.No.8171 of 2025 ALLOWED