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2025 DAILYLAW 29806 (AP)

Ojivedu Babu alias Odeti Nagababu alias Babu v. THE STATE OF AP

CRLP/8598/2025 · 2025-08-29

Y Lakshmana Rao

body2025

Judgment text

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APHC010427892025 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: 8598/2025 Between: 1. OJIVEDU BABU ALIAS ODETI NAGABABU ALIAS BABU, S/O HUSSENAIAH ALIAS ODETI HUSSENAIAH, AGED ABOUT 33 YEARS, NATIVE OF DNO.8/2, THURVAPALLI VILLAGE, SIDDAMALLA PANCHAYATI AND POST, RAMAPURAM MANDAL, PREVIOUSLY RESIDING AT D.NO.4/112-D6-2, SN COLONY, RAYACHOTY, ANNAMAYYA DISTRICT FROM 2017 TO 2020. ...PETITIONER/ACCUSED AND 1. THE STATE OF AP, Station House Officer RSASTF Police Station, Tirupati Rep. by Public Prosecutor High Court, Amaravathi ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. AISHWARYA NAGULA 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 BharatiyaNagarikSurakshaSanhita, 2023, seeking to enlarge the petitioner- accused No. 7 on bail in FIR No. 29 of 2025 of RSASTF Police Station, Tirupati District, registered for the offences punishable under Section 303 (2) read with Section 3 (5), Sections49 and 61 (2) of the Bharatiya Nyaya Sanhita, 2023, Section 20 (1) (d) (i) (a) read with Section 20 (1) (c) (ii) (iii) (iv) (x), Section 36 (a) read with Section 32-A of A.P. Forest (Amendment) Act, 2016. 2. Case of the prosecution is that on 10-07-2025, RSI, RSASTF Sub Control, Kadapa, and other team members rushed to Nayanuripalli Village fields situated nearby reserve forest, Veeraballi Forest Beat, and found the accused in possession of 22 red sanger logs. Thereafter, the police seized the red sander log, arrested the accused and remanded him to judicial custody. 3. Mrs. Aishwarya Nagula, learned counsel for the petitioner,submits that the petitioner has not committed any offence and he was falsely implicated in this case; he is the sole breadwinner of his family and he is ready to abide by any conditions imposed by this Court. She therefore urged to enlarge the petitioner on bail. 4. Per contra, Ms.P.Akhila Naidu, learned Assistant Public Prosecutor,vehemently opposed the grant of bail to the petitioner, submitting that prima facie material is available against the petitioner that he had 3 indulged in possession of 22 red sander logs and that the investigation is still in progress. She therefore urged to dismiss the petition. 5. Heardlearned counsel for the petitioner and learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the allegation against the petitioner-accused No. 7 is that he allegedly indulged in dealing with 22 red sander logs, weighing about 430 K.Gs. Based on the confession of accused Nos. 1 to 4, the role of the present petitioner came out. Accused Nos. 1 to 4 were already enlarged on bail. The allegation against the petitioner-accused No. 7 is that he procured coolies for cutting down the red sander trees. The petitioner was arrested on 14-07-2025. He has been in judicial custody for the past 48 days. There are two similar adverse antecedents against the petitioner. 7. Considering the facts and circumstances of the case and gravity and nature of the allegations levelled against the petitioner-accused No. 7, this Court is not inclined to grant bail to him. 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 4 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No. 8598 OF 2025 Date: 30-08-2025 JSK