APHC010466862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9262/2025 Between: V. Devarajulu and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. GOLLAMUDI NAGASATYANARAYANA Counsel for the Respondent/complainant: 1. The Court made the following: 2 ORDER: This criminal petition has been filed by the petitioners-accused Nos. 2 to 5 under Sections 480 and 483 of the BharatiyaNagarik Suraksha Sanhita, 2023, seeking to enlarge them on bail in crime No. 143 of 2025 of Nagari Urban Police Station, Chittoor District, registered for the offences under Sections 303(2), 317(4), 318 (4), 316(2), and 61(2) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023, Section 3 of the Prevention of Damage to Public Property Act, 1984, and Sections 4 and 21(4) of the Mines and Minerals (Regulation and Development) Act, 1957. CASE OF THE PROSECUTION: 2. The case of the prosecution is that on 13.07.2025 at 06:00 hours, near the Tirupati-Tiruttani Highway Road, in the vicinity of the Andhra-Tamil Nadu border, within the jurisdiction of Thadukupeta Panchayat, Nagari Mandal, Chittoor District, a coordinated operation was conducted by the Revenue and Police authorities based on credible information, pursuant to which a detailed panchanamawasprepared by K.Meghavarnam, Deputy Tahsildar, Nagari Mandal, wherein it is alleged that the accused persons, namely Bharath (A1), Devarajulu (A2), V.Jayakrishna (A3), S.Pandiyan (A4), A.Ajith Kumar (A5), M.Praveen Kumar (A6), A.S.Sreejith (A7), N.Anthony Ashok (A8), Senthil (A9), Bilal (A10), Amrutharaj Nadar @ TRS (A11), Proprietor of Vel& Co Stone Crushers (A12), and others, formed into an unlawful assembly and entered into a criminal conspiracy with the intent to commit theft of government property and to derive unlawful gain through illegal transportation of sand. 3 3. The said accused persons had procured sand from the governmentauthorised sand reach located at Besthapalli in Annamaiah District, Andhra Pradesh, and, in violation of the prescribed norms, misused the transportation permits issued for intra-state movement. With premeditated intent and full knowledge that cross-border transportation of sand constitutes theft and is prohibited under law, the accused concealed the sand beneath layers of stone crusher powder in tippers and attempted to transport the same to the State of Tamil Nadu.During the said illegal operation, accused Nos.2 to 8 were apprehended at the scene by the joint team of Revenue and Police officials. A total of seven sand-laden tippers were seized, containing approximately 70 units of sand, with an estimated value of Rs.1,05,000/-. The remaining accused, including the proprietor of Vel& Co Stone Crushers, are alleged to have directly facilitated and abetted the commission of the offence. CONTENTIONS OF THE COUNSEL FOR THE PETITIONERS: 4. Sri G.Naga Satyanarayana, learned counsel for the petitioners-accused Nos. 2 to 5, submits that the allegations levelled against the petitioners are are false, fabricated, and politically motivated. It is contended that their implication is solely due to political rivalry. The petitioners are law-abiding citizens with no prior criminal antecedents. 5. The petitioners are the sole breadwinners of their families. They have never been involved in any criminal activity, and no cases are pending against them. It is submitted that material part of the investigation has been completed. The petitioner-accused No. 2 is permanent resident of 4 Gundrajakuppam Village of Nagari Mandal, Andhra Pradesh State, and the petitioners-accused Nos. 3 to 5 are permanent residents of Tamil Nadu State, and undertaketo cooperate with the investigation and they will not abscond or tamper with evidence and are willing to furnish sureties to the satisfaction of the Court for his release on bail. 6. It is further submitted that the petitioners had earlier filed Criminal M.P. No. 190 of 2025 on the file of the Court of learned X Additional District and Sessions Judge, Tirupati, seeking bail. However, the said petition was dismissed on 26.08.2025 without due consideration of the above facts. ARGUMENTS OF THE ASSISTANT PUBLIC PROSECUTOR: 7. On the other hand, Ms. P.Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail to the petitioners-accused Nos. 2 to 5 stating that investigation is not completed; if the petitionersare enlarged on bail, they would not be available for the investigation, and they will repeat the same offence. It is further argued that the investigation is still at nascent stage. Some more witnesses are to be examined and some more documents are yet to be collected.It is urged to dismiss the petition. 8. Thoughtful consideration is bestowed on the arguments advanced by learned Counsel for the petitioners and learned Assistant Public Prosecutor.I have perused the record. POINT FOR CONSIDERATION: 9. Now, the point for consideration is: 5 “Whether the petitioners-accused Nos. 2 to 5 are entitled for grant of bail? ANALYSIS: 10. The offences alleged under Sections 303(2) and 316(2) of the ‘BNS’, though non-bailable, are punishable with imprisonment up to five years and do not, in the facts and circumstances of the case, warrant continued custodial detention. The petitioners-accused Nos. 2 to 5 were arrested on 13-07-2025. They have been in judicial custody for the past 65 days. All the petitioners have undertaken to cooperate with the investigation and trial proceedings. There is no material to suggest any likelihood of absconding or tampering with evidence. The portion of investigation relating to the alleged role of the petitioners is completed. This Court has already enlarged on regular bail accused Nos. 11 and 13 on 29-08-2025 in Criminal Petition Nos. 8512 and 8484 of 2025. The petitioners are also standing on the similar footing of accused Nos. 11 and 13. 11. In view of the foregoing and thereadiness of the petitioners-accused Nos. 2 to 5 to abide by conditions imposed by this Court, this Court is inclined to grant bail to them. CONCLUSION: 12. Considering the nature and gravity of allegations levelled against the petitioners-accused Nos. 2 to 5, their alleged role played in this case and the period of detention undergone by them, thisCourt is inclined to enlarge them on bail with the following stringent conditions: 6 (i) The Petitioners/Accused Nos. 2 to 5 shall be enlarged on bail subject to them executing each a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for the like sum each to the satisfaction of learned Judicial Magistrate of First Class, Nagari; (ii) The Petitioners/Accused Nos. 2 to 5 shall appear before the Station House Officer, Nagari Urban Police Station, Chittoor District, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by learned the Trial Court; (iii) The Petitioners/Accused Nos. 2 to 5 shall not commit or indulge in commission of any offence in future; (iv) The Petitioners/Accused Nos. 2 to 5 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 Petitioners/Accused Nos. 2 to 5 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the court or to any police officer; and (vi) The Petitioners/Accused Nos. 2 to 5 shall surrender their passports, if any, to the investigating officer. If they claim that they do not have a passport, they shall submit an affidavit to that effect to the Investigating Officer. 7 13. The criminal petition is accordingly allowed. _______________________ Dr.Y.LAKSHMANA RAO, J. Date: 15.09.2025. JSK 8 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9262/2025 DATE: 15-09-2025 JSK