APHC010411022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8283/2025 Between: 1. BERAGALA SREENADHA, S/O. SRINIVASULU, AGED ABOUT 25 YEARS, R/O. D.NO.12/27, MORAVAKADA VADDIPALLI (MKVADDIPALLI) VILLAGE, GURRAPPAGARIPALLI PANCHAYAT, VEERABALLI POST MANDAL, ANNAMAYYA DISTRICT. 2. ODIVEETI RAJAGOPAL REDDY, S/O. CHANDRA REDDY, AGED ABOUT 42 YEARS, R/O. D.NO.4, POLIMERAPALLI VILLAGE, VANGIMALLA PANCHAYAT, DUGGANAPALLI POST, VEERABALLI MANDAL, ANNAMAYYA DISTRICT. 3. UPPUTHOLLA CHANDRAMOHAN, S/O. ANNAIAH, AGED ABOUT 39 YEARS, R/O. D.NO.2-25, GADIKOTA VILLAGE AND PANCHAYAT, YADABALLI POST, VEERABALI MANDAL, ANNAMAYYA DISTRICT 4. RAVOORI NAGARJUNA, S/O. R. VENKATARAMANA, AGED ABOUT 38 YEARS R/O. D.N0.9-62C, KUMMARAPALLI VILLAGE, ROTHUKUNTA POST AND PANCHAYAT, SAMBEPALLI MANDAL, ANNAMAYYA DISTRICT ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Station House Officer RSASTF Police Station, Tirupati Rep. by Public Prosecutor High Court, 2 Amaravathi ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to enlarge the Petitioners/Accused 1 to 4 on Regular Bail in FIR No.29 of 2025 dated 10.07.2025 (RSASTF Police Station, Tirupati) on the file of the Special Court in the cadre of Additional District and Sessions Judge for Trial of Red Sanders Smuggling Cases, Tirupati, on any conditions and pass Counsel for the Petitioner/accused(S): 1. AISHWARYA NAGULA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: TheCriminal Petition has been filed under Section482 of theBharatiya Nyaya Sanhita, 2023 (for brevity ‘BNSS’) seeking to enlarge the petitioners/Accused Nos.3 to 9 on bail in Crime.No.25 of 2025 of RSASTF, Tirupati Police Station, Tirupati District, for the offence under Section 108 r/w 3(5) of BNS. 2. The case of the prosecution is that on 23.06.2025, at about 04:00 pm, the complainant alleged report stating that she has disputes with lawyerprathap group due to church wall disputes and filed cases. After conductingenquiry by the revenue authorities, the church wall was 3 removed out of the grudge raised against him on 23.06.2025. The group of people tried to kill him and he escaped from there. Further, the lawyer prathap group also pelted stones on the ladies and children who are getting down from the bus when the complainant tried to rescue them, the Accused No.1 stabbed on left side ribs of one Sri Ganti Sai Vamsi with knife with an intent to kill him. When the complainant tried to rescue him, the Accused No.1 stabbed him in his stomach and on his left hand. Due to which, he received bleeding injuries and the other accused also attacked on the complainant and others.Basing on the complaint report given by the complainant, a case has been registered against the accused. 3. Sri Akurathi Rama Krishna, learned counsel for the petitioners, submits that the petitioners have not committed any offence,they was falsely implicated in the case; theyare the sole bread-winners of their family; They are ready to abide by any conditions imposed by this Court and urged to enlarge the petitioners on bail. 4. Per contra, Ms. P. Akhila Naidu, the learned Assistant Public Prosecutor, argued that prima-faciematerial is available against the petitioner that he had indulged in the possession of ganja weighing about 5 Kgs. The investigation is still in progress and urged to dismiss the petition. 4 5. I have perused the record. 6. The petitioners/Accused Nos.1 to 4 were allegedly indulged in dealing with 22 logs of Red Sandal, weighing about 430 Kgs. They were arrested on 10.07.2025. They have been in in the judicial custody for the past 36 days. 7. The allegation against the petitioners is that the Accused No.1 is coolie who procured other coolies for cutting down the Red Sandal trees. The Accused No.2 is the coolie. Accused No.3 is the guide. Accused No.4 acted as pilot for all the coolies. 8. As seen from the progress of the investigation, Accused Nos.5 and 7 were arrested. So far, six witnesses have been examined. All the witnesses are official witnesses. The petitioners are the permanent residents of Moravakada Vaddipalli (MK Vaddipalli)Village, Gurrappagaripalli Panchayat, Veeraballi Mandal, Annamayya District, Polimerapalli Village, Vangimalla Panchayat, Veeraballi Mandal, Annamayya District, Gadikota Village and Panchayat, Veerabali Mandal, Annamayya Districtand Kummarapalli Village, Rothukunta Panchayat, Sambepalli Mandal, Annamayya District. 9. All the witnesses of the prosecution are official witnesses. Hence, the question of petitioners influencing or threatening the witnesses or hampering the investigation may not arise. 5 10. Considering the gravity and nature of the allegations levelled against the petitioners, this Court inclines to enlarge the petitioners on bail with the following conditions: i. The petitioners/Accused Nos.1 to 4 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.10,000/- (Rupees twenty five thousand only), with two sureties each for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Rampachodavaram. ii. The petitioner/A-6 shall appear before the Station House Officer, Mothugudem Police Station, Alluri Sitharama Raju District, 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/A-6 shall not leave the limits of the District without prior permission from the learned Judicial First Class Magistrate, Rampachodavaram. iv. The petitioner/A-6 shall not commit or indulge in commission of any offence in future. v. The petitioner/A-6 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. 6 vi. The petitioner/A-6 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. _________________________ Dr. Y. LAKSHMANA RAO, J Dt: 14.08.2025 SCH THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO 7 CRIMINAL PETITION NO: 7971/2025 14.08.2025 SCH