4 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE ;PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAp CRIMINAL PETITION NO: 8178 OF 2025 % r ^ 1’ s r A r /> '%y > •■A Between: Tanabala Sivam Babu alias Siva alias Sivanbabu Thanbal, S/o. Thanabala Aged 37 years, R/o. Vilvanur West Forest, Idayapatti Post, Old Athur Taluk, Now Pettankayampalayam Taluk, Selam District, Tamilnadu State. ... Petitioner/Accused No.2 1 AND The State Of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh, At Amaravati. ... 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 Criminal Petition the High Court may be pleased to release the petitioner/accused no. 2 on bail, pending investigation, inquiry and trial in Crime No. 28/2025 of RSASTF Police Station, Tirupati District. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI D PURNACHANDRA REDDY Advocate for the Petitioner, Assistant Public Prosecutor for the respondent and the Court made the following. ORDER 2 Dr. YLR, J Crl.P.No.8178 of2025 Dated 21.08.2025 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.’)/ Sections480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accu sed No.2 on bail in Crime.No.28 of 2025 of RSASTF Police Station, Tirupati District, registered against the petitioner/Accused No.2 herein for the offences punishable under Sections 303 (2) read with 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’), 49, 61 (2) of ‘the BNS’ and Sections 20 (1)(d)(i)(a) read with 20 (l)(c) ii, iii, iv, x, 36 (a) read with 32A, 29 (4)(a)(i) of the Andhra Pradesh Forest Amendment Act, 2016. I The case of the prosecution is that on 28.06.2025 at about 5:00 A.M., on receipt of credible information regarding illegal transportation of red Sander logs, the Reserve Sub-Inspector of Police, RSASTF Police Station, along with his staff, was checking red sander entry-exit and dumping points near Vidyanikethan College, Tirupati-Piler Main Road. During the operation, they noticed a car approaching Srinivasa Mangapuram. On seeing the police, the driver attempted to flee but apprehended. On checking the vehicle, 24 red sander logs were found. 2. was 3 Dr. YLR, J CriP.N0.8178 of 2025 Dated 21.08.2025 % The accused allegedly confessed to his involvernent, whereupon he was arrested, and the logs along with the car were seized. 3. Sri D.Purnachandra Reddy, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. It 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 petitioner undertakes 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 .he grant of bail to the petitioner, submitting that the investigation is still at progressive stage and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he 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 petitioner and the learned Assistant Public Prosecutor. Perused the record. 4 Dr. YLR, J Crl.P.No.8178 of2025 Dated 21.08.2025 6. As seen from the record, the petitioner was allegedly indulged in dealing with 24 red sander logs weighing about 345 Kgs. Based on the confession of Accused No.1, the petitioner was arraigned as Accused No.2. Though the learned Assistant Public Prosecutor submits that the petitioner is a smuggler and he has got four adverse antecedents, that itself is not a ground to reject the request of the petitioner to enlarge him on bail, for the reason that the accused is presumed to be innocent until the guilt is proved. The petitioner was arrested on 01.07.2025 and he has been in judicial custody for the past 49 days. The material portion of the investigation is completed. Prime witnesses have been examined. All the witnesses of the prosecution are official witnesses. Hence, the question of the petitioner influencing or threatening the witnesses or hampering the investigation may not arise. 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.2 in judicial custody for the past 49 days, this Court is inclined to enlarge the petitioner/Accused No.2 on bail with the following conditions: 7. i. The petitioner/Accused No.2 shall be enlarged on bail subject to he executing a bond for a sum of Rs.25,000/- 5 Dr. YLR, J Crl.P.No.8178 of 2025 Dated 21.08.2025 (Rupees Twenty Five Thousand only), with two sureties each for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class for Trail of cases relating to Red Sanders Smuggling, Tirupati. I 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. i iii. The petitioner/Accused No.2 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. V. 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 the investigating officer as and when required, vi. The petitioner/Accused No.2 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to 6 Dr. YLR, J Crl.P.No.8178 of2025 Dated 21.08.2025 dissuade him/her from disclosing such facts to the court or to any police officer. 8. In the result, the Criminal Petition is allowed. SD/- U. SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// To. SECTION OFFICER 1. The Judicial Magistrate of First Class for trail of Sanders Smuggling, Tirupati. 2. The Superintendent, Sub Jail, Tirupati. 3. The RSASTF Police Station, Tirupati District. 4. One CC to SRI. D PURNACHANDRA REDDY Advocate [ 5. Two CCS to PUBLIC PROSECUTOR, High Court of Andhra Pradesh. [OUT] 6. One spare copy case relating to Red [OPUC] ksr HIGH COURT DR.YLR, J DATED:21/08/2025 BAIL ORDER CRLP.No.8178 of 2025 ALLOWED