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2025 DAILYLAW 30301 (AP)

REDDY SEKHAR v. THE STATE OF ANDHRA PRADESH

CRLP/8712/2025 · 2025-08-28

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[3521 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV^^afio?5ft\ FRIDAY ,THE TWENTY NINETH DAY OF AUGUSK^^^' TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMAN CRIMINAL PETITION NO: 8712 OF 2025 Wm Pii ifti: '.Tl Between: Reddy Sekhar, S/o. Chinnamallaiah, Aged 39 Years, R/o. Village, Vangimalla Panchayat, Veeraballi Mandal, Annamayya District Petitioner/Accused No.6 X adda AND The State of Andhra Pradesh, Rep by its Inspector of Police, RSASTF PS, Tirupati District through Public Prosecutor, High Court Bldgs, Amaravati Respondent/Complainant 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 enlarge the petitioner /A6 on regular bail in connection with Crime No. 29 of 2025 before RSASTF PS, Tirupati District for the offences under Sec. 303 (2) R/w. 3 (5 ) BNS, 49, 61 (2 ) BNS and Sec. 20 (1)(d) (i) (a) r/w. 20(l)(c) ii, iii, iv, x, 36 (a) R/w. 32A of the of AP Forest Act 2016. 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 M.VINOD KUMAR, Advocate for the Petitioner and of PUBLIC PROSECUTOR for Respondent, the Court made the following ORDER APHC010435952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8712 OF 2025 Between: 1.REDDY SEKHAR, S/0. CHINNAMALLAIAH, AGED 39 YEARS, R/0. KAVALIGADDA VILLAGE, VANGIMALLA PANCHAYAT, VEERABALLI MANDAL, ANNAMAYYA DISTRICT ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep by its Inspector of Police, RSASTF PS, Tirupati District through Public Prosecutor, High Court Bldgs, Amaravati ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.M.VINOD KUMAR Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following Order: The Criminal Petition has been filed under Section 482 of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘BNSS’) seeking to enlarge the Petitioner/Accused No.6 on bail in Crime. No.29 of 2025 of RSASTF, Tirupati Police Station, Tirupati District, for the offence under Sections 303(2) r/w 3(5) of Bharatiya Nyaya Sanhita,2023 (for brevity ‘BNS’), 49, 61(2) BNS and Section 20(1)(d)(i)(a) read with 20(l)(c) ii, iii, iv, x, 36 (a) r/w 32-A of the A.P.Forest Act, 2016. 2. The 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 sander logs and the same were seized; accused were arrested and remanded to judicial custody. 3. Mr. M. Vinod Kumar, learned counsel for the Petitioner, submits that the Petitioner has not committed any offence, he was falsely implicated in the case; he is the sole bread-winner of his family; he is ready to abide by any conditions imposed by this Court and urged to enlarge the Petitioner on bail. 4. Per contra, Ms. P.Akhila Naidu, learned Assistant Public Prosecutor, argued that prima facie material is available against the Petitioner that he had indulged in possession of 22 red sander logs. The investigation is still in progress and urged to dismiss the Petition. 5. Fleard leaned counsel for the Petitioner and learned Assistant Public Prosecutor. Perused the record. 6. The Petitioner/ Accused No.6 was allegedly indulged in dealing with 22 logs of Red Sandal logs weighing about 430 Kgs. Fie was arrested on 10.07.2025 and since then he has been languishing in jail. 7. The allegation against the Petitioner is that 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 and 6 have 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 in the present crime. All the witnesses are official witness. As seen from the record, the Petitioner has permanent abode. Hence, the question of Petitioner influencing threatening the witnesses or hampering the investigation may not arise. or 9. Considering the gravity and nature of allegations levelled against the Petitioner, this Court is inclined to enlarge the Petitioner on bail with the following conditions: (i) The Petitioner/ Accused No.6 shall be enlarged on bail subject to his executing a personal bond for a sum of Rs. 10,000/- (Rupees ten thousand only) each with two sureties each for the like sum each to the satisfaction of the learned Special Court in the cadre of Additional District and Sessions Judge for Trial of Red Sanders Smuggling Cases, Tirupati. (ii) The Petitioner/ Accused No.6 shall appear before the Station House Officer concerned on every Saturday in between 10.00 a.m and 05.00 p.m, till cognizance is taken by the learned the Trial Court. (iii) The Petitioner/ Accused No.6 shall not leave the limits of the District without prior permission from the learned Special Court in the cadre of Additional District and Sessions Judge for Trial of Red Sanders Smuggling Cases, Tirupati. (iv) The Petitioner/ Accused No.6 shall not commission of any offence in future. commit or indulge in (v) The Petitioner/ Accused No.6 shall co-operate 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. (Vi) The Petitioner/ Accused No.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 to any police officer. court or 10. Accordingly, the Criminal Petition is allowed. SD/- G.HELANAIDU ASSISTANT Registrar ON ( SECTI OFFICER //TRUE COPY// F To, 1. The Special Court in the cadre of Additional District and Sessions Judge for Trial of Red Sanders Smuggling Cases, Tirupati. The Superintendent, Sub Jail, Tirupati. The Inspector of Police, RSASTF PS, Tirupati District through Public Prosecutor, High Court Bldgs, Amaravati (by RPAD) One CC to SRI. M.VINOD KUMAR Advocate [OPUC] Two CCs to the PUBLIC PROSECUTOR, High Court of A.P [OPUC] One spare copy 2. 3. 4. 5. 6. psk HIGH COURT DR.YLR,J DATED:29/08/2025 BAIL ORDER CRLP.No.8712 of 2025 ALLOWED