Desannagari Narasimhulu v. THE STATE OF ANDHRA PRADESH
CRLP/8576/2025 · 2025-08-29
Y Lakshmana Rao
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 29757 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29757 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010427232025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] SATURDAY, THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8576/2025 Between:
1. DESANNAGARI NARASIMHULU, S/O. D. ANJANEYULU, AGED 37 YEARS, R/O. D.NO. 4-4-1073, BOMMAGUNTA, TIRUPATI. 2. PAKALA PAVAN KALYAN, S/O. GURUNATHA, AGED 28 YEARS, R/O.
D.NO. 4-8-75, BOMMAGUNTA, TIRUPATI. ...PETITIONER/ACCUSED(S) AND
1. THE STATE OF ANDHRA PRADESH, rep by its Public Prosecutor, High Court of Andhra Pradesh, At Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S):
1. D PURNA CHANDRA REDDY
2. D PURNACHANDRA REDDY Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following:
2 ORDER: This criminal petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioners- accused Nos. 2 and 3 on bail in P.O.R.No. 34/2025-26 of FSP, Piler, registered for the offences punishable under Section 303 (2) read with Sections 3 (5), 49 and 61 (2) of the Bharatiya Nyaya Sanhita, 2023, Sections 20 (1) (c) (ii) (iii) (iv) (vi) (x) read with Sections 20 (1) (d) (i), a & b, 32, 32-A and 32-B read with Section 36 (a) of A.P. Forest (Amendment) Act, 2016, Rule 3 of A.P. Sandal Wood and Red Sanders Wood Transit Rules, 1969, and Sections 27 and 29 of Wild Life Protection Act, 1972. 2. Case of the prosecution is that on 10-07-2025 at about 4.30 a.m. near Pulicherla Cross towards Mangalampeta, the Flying Squad Party, Piler, found and arrested accused Nos. 2 and 3 while they were transporting 08 red sander logs, weighing about 181 K.Gs., in Tata Intra V 20 car bearing registration No. AP 39 TJ 2573 and Chevrolet Tavera NW 02 vehicle bearing registration No. AP 39 UQ 1975. Thereafter, the police arrested the petitioners, seized the red sander logs and both the crime vehicles and remanded the petitioners to judicial custody. 3. Mr. D.Purna Chandra Reddy, learned counsel for the petitioners, contends that the petitioners are innocents of the alleged offences and have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning members of their families and, therefore, their incarceration would cause undue hardship to their dependents. The
3 petitioners undertake to strictly adhere to any conditions that may be imposed by this Court.
In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per contra, Ms.P.Akhila Naidu, learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the petitioners, submitting that the investigation is still underway 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. In view of the foregoing submissions, it is urged that the petition be dismissed. 5. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the allegation against the petitioners-accused Nos. 2 and 3 is that they had allegedly indulged in dealing with 8 logs of red sander wood, weighing about 181 K.Gs. The petitioners were engaged by accused No. 1 for transportation. The petitioners were spot arrested on 10-07-2025 and they have been in judicial custody for the past 52 days. Charge sheet in this case has already been filed. Accusation is well-founded against the petitioners. There are seven adverse antecedents of similar nature reported against the petitioner-accused No. 2. Similarly, there are nine adverse antecedents of similar nature reported against the petitioner-accused No. 3. 4
7. Considering the facts and circumstances of the case and gravity and nature of the allegations levelled against the petitioners-accused Nos. 2 and 3, this Court is not inclined to grant bail to them. There are no merits in the petition and the same is liable to be dismissed. 8. The criminal petition is accordingly dismissed. _________________________ Date: 30-08-2025,
DR. Y. LAKSHMANA RAO, J. JSK
5
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION No. 8576 OF 2025
Date: 30-08-2025
JSK