APHC010466282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9268/2025 Between: 1. NIPPATLAPALLI CHINNAIAH ALIAS NIPPATIA CHENNAIAH, S/O NIPPALAPALI NARASAIAH, AGED 50 YEARS, SC COLONY, MADHANNAGARIPALLI VILAGE AND PANCHAYAT, CHINTALAPALEM POST, KALUVAYA MANDAL, NELLORE DISTRICT. ...PETITIONER/ACCUSED 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: 1. SIVAPRASAD REDDY VENATI 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 BharatiyaNagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioner-accused No. 8 on bail in crime No. 25 of 2025 RSASTF Police Station, Tirupati District, registered for the offences punishable under Sections 303 (2) read with Section 3 (5), 49 and 61 (2) of the Bharatiya Nyaya Sanhita, 2023, Sections 20 (I) (d)(I)(a) read with Section 20 (I)(c), ii, iii, iv, x and 36 (a) read with Sections 32-A and 29 (4)(a)(I) of the Andhra Pradesh Forest Act, 2016. CASE OF THE PROSECUTION: 2. Case of the prosecution is thaton receipt of credible information about the illegal transportation of Red Sander logs, the Reserve Sub- Inspector of Police, RSASTF, Tirupati, along with his staff including forest officials conducted a raid near Mellemkonda Swamy Statue, GudiGunta Forest, Ananthasagaram, on 20.06.2025 at around 4:00 A.M. During the operation, they found a car and a motorcycle at the location, with several individuals loading items into the car. Upon being warned in Telugu and Tamil, the individuals attempted to flee. The police apprehended four of them while others escaped. Upon inspection, 17 red sander logs were found in the car and based on the confessions of the arrested persons, an additional 38 logs were recovered from nearby 3 bushes, totalling 55 red sander logs. The car, motorcycle, and logs were seized, and the four accused were arrested. CONTENTIONS OF LEARNED COUNSEL FOR THE PETITIONER: 3. Sri Sivaprasad Reddy Venati, learned counsel for the petitioner, submits that the petitioner is innocentand has been falsely implicated in the alleged offence, without any cogent evidence linking to the commission of the crime.It is contended that the petitioner is the sole breadwinnerof his family and his arrest would cause undue hardship and prejudice to the dependents of the petitioner. The petitioner undertakes to abide by any condition that this Court may impose while granting bail to the petitioner. 4. It is further submitted that the petitioner has permanent place of residence and there is no likelihood of him absconding or evading the process of law.The petitioner has cooperated with the investigation so far and assures continued cooperation in future proceedings.It is also urged that the allegations are of a nature that do not warrant custodial interrogation, and if any condition is imposed while granting the bail, the petitioner would not violate it; and it is urged to allow the petition. ARGUMENTS OF THE STATE: 5. Per contra, Ms.Akhila Naidu, learned Assistant Public Prosecutor, strenuously opposed the grant of bail, contending that the investigation is still underway and several material witnesses are yet to be examined.It is submitted that enlargement of the petitioneron bail at this stage would seriously hamper the progress of the investigation and may result in non- 4 cooperation from the petitioner. The prosecution further apprehends that the petitioner, if released, may influence or intimidate witnesses, thereby obstructing the course of justice.It is also urged that there exists a real and imminent risk of the petitioner absconding and evading the due process of law. Given the gravity of the allegations and the potential threat to the integrity of the investigation, it is submitted that the petitioner does not deserve the discretionary relief of bailand it is urged to dismiss the bail petition. 6. Thoughtful consideration is bestowed on the arguments advanced by learned counsel for both sides.I have perused the entire record. POINT FOR CONSIDERATION: 7. In the light of the case of the prosecution and the contentions of learned counsel for both sides, now the point for consideration is: “Whether the petitioner is entitled for grant of bail?” ANALYSIS: 8. By order dated 05-08-2025 in Criminal Petition No. 7857 of 2025, this Court had already enlarged accused No. 3 on bail while dismissing the petition for accused No. 4. In the present case, the role of the present petition was to procure coolies for cutting red sander trees. The petitioner was arrested on 07-08-2025. He has been in judicial custody for the past 42 days. The petitioner is a permanent resident of S.C. Colony, Madhannagaripalli Village and Panchayat, Chintalapalem Post, Kaluvaya Mandal, SPSR Nellore District. 5 CONCLUSION: 9. Considering the facts and circumstances of the case and the nature and gravity of allegations levelled against the petitioner, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions: (i) The petitioner-accused No. 8shall be enlarged on bail subject tohis executinga bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the like sum each to the satisfaction of learned Judicial Magistrate of I Class for Trial of Cases relating to Red Sander Smuggling, Tirupati; (ii) The petitioner-accused No. 8shall appear before the Station House Officer concerned on every Saturday in between 10:00 am and 05:00 pm till cognizance is taken by learned trial Court; (iii) The petitioner-accused No. 8shall not commit or indulge in commission of any offence in future; (iv) The petitioner-accused No. 8shall cooperate with the investigating officer in further investigation of the case and shall makehimself available for interrogation by the investigating officer as and when required; (v) The petitioner-accused No. 8shall 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; 6 (vi) The petitioner-accused No. 8 shall not leave the limits of the district without prior permission from the Station House Officer concerned; and (vii) Thepetitioner-accused No. 8shall surrender his passport, if any, to the investigating officer.If he claimsthat he doesnot have a passport, he shall submit an affidavit to that effect to the Investigating Officer. 10. The criminal petition is accordingly allowed. ________________________ Dr.Y.LAKSHMANA RAO, J. Date:17-09-2025, JSK 7 HONOURABLE Dr.JUSTICE Y.LAKSHMANA RAO CRIMINAL PETITION No. 9268 OF 2025 DATE: 17-09-2025 JSK