IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE NINETEENTH DAY OF AUGUS-O^^^^ TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8393 OF 2025 iiXi me % -sfJS* Between: Mopuri Ramasubbaiah, S/o Subbaiah, Aged 49 years. Occupation Coolie, R/o Kondarajupalli, Kattheragandia, S.A.K.N Mandal, YSR Kadapa District. ...Petitioner/Accused No.6 AND State of Andhra Pradesh, Rep.by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...Respondent Petition under Sections 480 & 483 of BNSS/ Under Sections 437 & 439 of Cr.P.C is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner on regular bail in OR.No.40/2025-26 of Porumamilla Range, YSR Kadapa District, dated 13.07.2025, for the offences mentioned above The Petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI S DUSHYANTH REDDY Advocate for the Petitioner, and of PUBLIC PROSECUTOR, for the Respondent, the Court made the following APHC010416582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8393 OF 2025 Between: 1.MOPURI RAMASUBBAIAH, ‘ S/0 SUBBAIAH, AGED 49 YEARS. COOLIE, OCCUPATION KATTHERAGANDLA, S.A.K.N MANDAL, YSR KADAPA DISTRICT. R/0 KONDARAJUPALLI ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep.by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.S DUSHYANTH REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 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 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.6 y on bail in case as O.R.No.40/2025-26, dated 13.07.2025 of Porumamilla Range, YSR (T) Division, Kadapa, registered against the petitioner/Accused No.6 herein for the offences punishable under Section 20 (i)(c)(ii)(iii)(iv)(vl) and x of A.P.Forest Act, 1967 (Amendment Act, 2016) ; Sections 29(2)(b), 29(4) ; Section 32-A, 32-0; Section 62 (A) (i)(2) punishable under Section 20(i)(d)(i) and 29(4)(a)(i) of A.P.Forest Act, 1967 (Amendment Act, 2016) Rule 3 of A.P.Red Sanders Wood Possession Rules, 1989; Section 51(1) of Wild Life Protection Act, 1972 and Sections 3, 4 and 6 of Biological Diversity Act, 2002 and Section 3 of PDPP Act, 1984 and Section 303 (2) read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) and Section 49, 61(2)of‘BNS’. 2. The case of the prosecution is that on 13.07.2025 at about 4.00 p.m, the defacto complainant as F.S.O along with his staff noticed 5 people carrying R.S logs on their shoulder and that the officials surrounded and caught hold of them. On enquiry they revealed the names of other accused and said to have made a confessional statement admitting the offence. The forest officials arrested the Accused 1 to 6 and seized R.S Logs under cover of Forest Special Proceedings. 3. Sri S. Dushyanth Reddy, the learned counsel for the petitioner contends that the petitioner is an innocent of the alleged offence and has been falsely implicated by the police. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court, and prays that the petition be allowed in the interest of justice. Per contra, Mr.Neelotphal Ganji, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway 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. In view of the foregoing, it is urged that the petition be dismissed. 4. 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/Accused No.6 was alleged that he acted as an informant to give information about the movements of the forest officials. In other words, he was acting as a coolie for watching of the forest officials. Five Red Sander logs were involved in this case, weighing about 70 Kgs. The Petitioner was arrested on 13.07.2024 and he has been languishing in jail since then. So far, 7 witnesses have been examined and all are official witnesses. Material portion of investigation is completed; therefore there is no scope for threatening the witnesses or interfering with the investigation process. 7. Considering the period of detention undergone by the petitioner i judicial custody for the past 36 days, the nature and gravity of allegation levelled against the petitioner, and his alleged role played this Court is inclined to enlarge the petitioner on bail with the following stringent conditions: in in this case. i) The petitioner/Accused No.6 shall be enlarged subject to he executing a personal bond for a Rs.20,000/- (Rupees Twenty Thousand on bail sum of only), with two sureties each for the like sum each to the satisfaction learned Judicial Magistrate of First Class of Trial of the Cases of Red Sanders Smuggling Offences, Tirupati. ii) The petitioner/Accused No.6 shall not leave the limits of the District without prior permission from the Station Officer concerned. House iii) The petitioner/Accused No.6 shall in commission of any offence in future, iv) The petitioner/Accused No.6 shall investigating officer in further investigation of the not commit or indulge co-operate with the case and shall make himself available for interrogation by the investigating officer as and when required.^ v) The petitioner/Accused No.6 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 or to any police officer. Accordingly, the Criminal Petition is allowed. or 8. SDI- K.SRINIVASA RAJU ASSISTANT ilSTRAR //TRUE COPY// SECTION OFFICER To 1. The Special Judicial Magistrate of First Class, for Trial of Cases relating to Red Sanders Smuggling, Tirupati. 2. The Superintendent, Sub Jail, Tirupathi, Tirupathi District 3. The Forest Range Officer, Porumamilla Range, YSR Kadapa District 4. One CC to SRI. S DUSHYANTH REDDY Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spare copy PSR / HIGH COURT DR.YLR.J DATED: 19/08/2025 BAIL ORDER CRLP.No.8393 of 2025 ALLOWED