5: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ^ THURSDAY ,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8682 OF 2025 M-S Wl'/i! ¥ k- Between: P Pavan Kumar, S/o late P. Balasubramanyam, aged 36 years, now residing at D.No.970, Rabartsonpeta, Ganesh Puram, Near Nehru Park, KGF Town and Taluk, Kolar District, Karnataka State, Native of D.No.13-169-3/1 A, Vaikuntapuram East, Arush Residency, MR Palle, Tirupati Urban Mandal, Tirupati District. Petitioner/Accused No.1 AND The State of Andhra Pradesh, , Rep. by its Public Prosecutor High Court of Andhra Pradesh, at Amaravati. Respondent Petition under Sections 437 and 439 of Cr.P.C(New Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita,2023), 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 release the Petitioner who is arrayed as Accused No.1 on bail in connection with Crime. No. 31 of 2025 on the file of RSASTF PS Tirupati, Tirupati District. 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 SIVAPRASAD REDDY VENATI, Advocate for the Petitioner and of PUBLIC PROSECUTOR for Respondent, the Court made the following ORDER APHC010433152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) C-0 [3521] THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8682/2025 Between: P Pavan Kumar ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.SIVAFRASAD REDDY VENATI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: ...RESPONDENT/COMPLAINANT 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 BharatiyaNagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/accused No.1 on bail in Crime No.31 of 2025 of RSASTF Police Station, TirupatiDistrict, registered for the offences 2 punishable under Sections 303(2) r/w 3(5), 49, 61(2) of Bharatiya Nyaya Sanhita (for short ‘the BNS), Section 20(1)(d)(i)(a) r/w 20(1 )(c) ii, iii, iv, x, 36(a) r/w 32A of AP Forest (Amendment) Act, 2016. The case of the prosecution in nutshell is that, offence of criminal 2. trespass into reserve forest was committed without permission, the accused cut the live red sander trees and committed theft of them and trying to shift by loading for the purpose of smuggling red sander logs that occurred on 18.07.2025 at 5.00 a.m on Madhireddigaripalli-Veeraballi Main Road, Ayyalavaripalli Cross, Veeraballi Forest Beat, SanipayaForesh Section and Range, in which accused No.1 was arrested and 3 red sander logs, weighing 40 kgs and Honda Unicorn Motor cycle bearing No.AP-04-BE-1447 were seized from his possession. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. Mr. Sivaprasad Reddy Venati, the learned counsel for the 4. petitionersubmits that the petitioner has not committed any offence; petitioner was falsely implicated by the police in the crime; petitioner is the sole breadwinner; petitioner would abide by any conditions to be imposed by this Court; and urged to allow the petition. 3 5. Per contra, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that the petitioner is the habitual offender, more material witnesses have to be examined; investigation is not completed: if the petitioner is enlarged on bail, he would not be available for the investigation and he would escape from the clutches of law; and urged to dismiss the bail petition. some 6. The petitioner/Accused No.1 was allegedly acted as pilot for transporting of 3 red sander logs weighing about 40 kgs. The petitioner arrested on 18.07.2025. He has been in judicial custody for the past 41 days. The main accused in this case is accused No.2, who is prime smuggler in this case. The petitioner is permanent resident of Tirupati District. The investigation reveals that, so far, five witnesses have been examined by the Investigating Officer, and all of them are material witnesses. As the substantial portion of the investigation has been completed and all the witnesses official witnesses, there appears to be no likelihood of the petitioner either threatening the witnesses or tampering with the investigation. was are 7. However, considering the nature and gravity of the allegations against petitioner/accused No.1, his alleged role in the offence, and the period of detention already he has undergone in the judicial custody for the past 41 days, this Court is inclined to enlarge petitioner/accused No.1 on bail. 4 8. Considering the entire gamut of the case, this Court is inclined to enlarge the petitioner on bail, subject to the following stringent conditions; i. The petitioner/Accused No.1 shall be enlarged on bail subject to he executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only), with two sureties each for the like each to the satisfaction of the learned Judicial First Class Magistrate for Special Court of Trial Cases of Red Sanders Offences, Tirupati. sum The petitioner/Accused No.1 shall Station House Officer, RSASTF Police Station, Tirupati Saturday in between 10.00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court, iii. The petitioner/Accused No.1 shall not leave the limits of the District without prior permission from the learned First Class Magistrate for Special Court of Trial Cases of Red Sanders Offences, Tirupati. iv. The petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. V. The petitioner/Accused No.1 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. II. appear before the , on every Vi. The petitioner/Accused No.1 shall not, directly or indirectly make any inducement, threat or promise to any person 5 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. 9. / / Sd/- K.TATA RAO DEPUTY REGISTRAR SECTION OFFICER //TRUE COPY// For To, 1. The Judicial First Class Magistrate for Special Court of Trial cases of Red Sanders Offences, Tirupati. The Superintendent, Sub Jail, Tirupati 3. The SHO., RSASTF PS Tirupati, Tirupati District. 4. One CC to SRI. SIVAPRASAD REDDY VENATI Advocate [OPUC] 5. Two CCs to the PUBLIC PROSECUTOR, High Court of A.P [OPUC] 6. One spare copy 2. psk HIGH COURT DR.YLR.J DATED:28/08/2025 BAIL ORDER CRLP.No.8682 of 2025 ALLOWED