APHC010441572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOs: 8827 & 8844 of 2025 CRIMINAL PETITION NO: 8827/2025 Between: Koneti Nagaraju and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...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 CRIMINAL PETITION NO: 8844/2025 Between: Syed Waseem Akram and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent/complainant: 2 1. PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: The Criminal Petition No.8827 of 2025 and Criminal Petition No.8844 of 2025 have 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’), by the petitioners/accused Nos.6 and 7 and petitioners/accused Nos.1 and 8 respectively, for granting bail in connection with Crime No.32 of 2025 of RSASTF Police Station, Tirupati District, registered for the alleged offences punishable under Sections 303(2) r/w 3(5), 49, 61(2) of Bharatiya Nyaya Sanhita (for short ‘the BNS) and Section 20(1)(4)(i)(a) r/w 20(1)(c) II, III, IV, X, 36(a) r/w 32A of the AP Forest Amendment Act, 2016. 2. These two Criminal Petition Nos.8827 of 2025 and 8844 of 2025 are heard and disposed of by way of this common order, as the petitioners in both petitions are accused in the same crime. 3. The case of the prosecution, in a nutshell, is that on information about the illegal smuggling of red sander logs on 21.07.2025 at 5.00 A.M., the Sub- Inspector of Police, RSASTF Sub Control, Railway Kodur along with staff and mediators reached Reserve Forest, Near Thunukonda, Desettypalli Forest Beat and Section, Balapalli Range, Railway Kodu Mandal, Annamayya District, and found accused Nos.1 to 9 along with 16 red sander logs, 3 weighing 410 kgs. Then the Sub-Inspector of Police arrested the accused and seized the 16 red sander logs and other materials. 4. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 5. Mr. D.Purna Chandra Reddy, learned counsel for the petitioners/accused Nos.6 and 7 in Crl.P.No.8827 of 2025 and Mr.Siva Prasad Reddy Venati, learned counsel for the petitioners/accused Nos.1 and 8 in Crl.P.No.8844 of 2025 submits that all the petitioners have not committed any offence; petitioners were falsely implicated by the police in the crime; petitioners are the sole breadwinners of their families; petitioners would abide by any conditions to be imposed by this Court; and urged to allow the petition. 6. Per contra, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that the petitioners are the habitual offender, some more material witnesses have to be examined; investigation is not completed; if the petitioners are enlarged on bail, they would not be available for the investigation and they would escape from the clutches of law; and urged to dismiss the bail petition. 7. The allegations against the petitioners/accused Nos.1, 6, 7, and 8 are that they were involved in dealing with 16 red sander logs, weighing 410 kilograms. The main kingpins are accused Nos.10 and 11, who are identified as the smugglers. Accused No.1 allegedly arranged for the coolies in conspiracy with accused Nos.10 and 11. Thus, the role of accused No.1 is 4 grave when compared to the roles played by the other petitioners. Hence, at this juncture, the request of petitioner No.1/accused No.1 in Crl.P.No.8844 of 2025 for enlargement on bail is not found to be convincing or reasonable. Accordingly, the petition insofar as it relates to accused No.1 is dismissed. The Criminal Petition No.8844 of 2025 is, therefore, partly allowed. The Petitioner Nos.1 and 2/accused Nos.6 and 7 in Crl.P.No.3327 of 2025 are identified as coolies, who were hired by accused Nos.10 and 11 through accused No.1 and they are permanent residents of Rudravaram Mandal, Nandyala District. The petitioner No.2/Accused No.8 in Crl.P.No.8844 of 2025 is a driver and a permanent resident of Bangalore, Karnataka State. 8. Considering the nature and gravity of the allegations made against the petitioners/accused Nos.6, 7 and 8 and their alleged roles played in this case, and the period of detention already undergone by them, this Court is inclined to enlarge the petitioner Nos.1 and 2/accused Nos.6 and 7 in Crl.P.No.8827 of 2025 and the petitioner Nos.2/accused No.8 in Crl.P.No.8844 of 2025 on bail with the following stringent conditions: i. The petitioner Nos.1 and 2/accused Nos.6 and 7 in Crl.P.No.8827 of 2025 and the petitioner No.2/accused No.8 in Crl.P.No.8844 of 2025 shall be enlarged on bail subject to they executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), each with two sureties each for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class for Trail of Cases Relating to Red Sander Smuggling, Tirupati. 5 ii. The petitioner Nos.1 and 2/accused Nos.6 and 7 in Crl.P.No.8827 of 2025 and the petitioner No.2/accused No.8 in Crl.P.No.8844 of 2025 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioner Nos.1 and 2/accused Nos.6 and 7 in Crl.P.No.8827 of 2025 and the petitioner No.2/accused No.8 in Crl.P.No.8844 of 2025 shall not commit or indulge in commission of any offence in future. iv. The petitioner Nos.1 and 2/accused Nos.6 and 7 in Crl.P.No.8827 of 2025 and the petitioner No.2/accused No.8 in Crl.P.No.8844 of 2025 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. v. The petitioner Nos.1 and 2/accused Nos.6 and 7 in Crl.P.No.8827 of 2025 and the petitioner No.2/accused No.8 in Crl.P.No.8844 of 2025 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 court or to any police officer. 9. Accordingly, the Criminal Petition No.8827 of 2025 is allowed and Criminal Petition No.8844 of 2025 is partly allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 08.09.2025 S D P 6 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION Nos.8827 & 8844 of 2025 Date:08.09.2025 S D P