I 35_2.1 I -~ y` ll_-- ¢ r| IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA,i;6f¢i*l: TUESDAY, THE SIXTEENTH DAY OF SEPTEMBE THEH Betwee n : TWOTHOUSANDANDTWENTYFIVE # § :PRESENT: OCN :lUMENAAPLLEp EDTiTJI :SNTiCoE ¥;4L8AoK: H2#2A5N# _~ se`-i:` *. ' i `L 1. M. Praveen Kumar, aged 28 years, s/o Mariyadas, R/o Marjamman KoiI Street, Peramundur village Villupuram District, Tamil Nadu State. Accused No.6 2. A.S. Sreejl'th, aged 26 years, s/o K. Anil Kumar R/o D.No. 12/176, Mathur Kannada village, Arumani Post, Vilavan code Taluka, z Kanyakumari DI-Strict, Tamil Nadu State. Accused No.7 3. N. Anthony Ashok @ Ashok, aged 31 years, S/o S. Naveen, R/o D.No. 16, Rajiv Gandhi Nagar, Check Post Street, Kamarajapuram, pammal Post Chengalpattu District, Tamil Nadu State. / Accused No,8 Petitioners/Accused Mos.6 to 8 AND The State ofAndhra pradesh, Through the s.H.O. Nagari Urban Police / station, chittor District, Rep. bythe public prosecutor, High CouH of /I Andhra pradesh, Amaravati, Guntur District Respondent/complainant petitI'On under Sections 480 & 483 of BNSS (Old Sections 437 & 439 of cr.p.c), praying that in the circumstances stated in the affidavit filed in support of the criminal Petition, the High Court may be pleased to enlarge the petitl'oners/Accused Nos. 6 to 8 on bail in crime No. 143/2025 of Nagari Urban police Station, chittoor District. zZ / The petition coming on for hearI-ng, upon Perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of sri NIKHIL CHOWDARY GUNTUPALLI, Advocate for the petitl-oners and of PUBLIC PROSECUTOR for the Respondent and the court made the following; ¥f`_`-¥§Tfa```-`-\f -_l -_i_I_~'-~=+~`, \'..'\. i Dr. YLR, J CrI.P,No.9348 of 2025 Dated 16.09_2025 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure,1973 (for brevity I{he Cr.P.C.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity [the BNSS'), seeking to enlarge the petitioners/Accused Nos.6 to 8 on bail in Cr.No.143 of 2025 of Nagari Urban Police Station, Chittoor District, registered against the petitioners/Accused Nos.6 to 8 herein 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 panchanamawas prepared by K.Meghavarnam, Deputy Tahsildar, Nagari Mandal, wherein it is alleged that I.he accused persons, {`-i .-¥€ ..-. - a 1`'--`,I P € 1 I-L= J es Dr. YLR, J Crl.P.No.9348 of 2025 Dated 16.09_2025 namely Bharath (A1), Devarajulu (A2), V.Jayakrishna (A3), S.PandI-yan (A4), A.Ajith Kumar (A5), M.Praveen Kumar (A6), A.s.sreejith (A7), N.Anthony Ashok (A8), SenthiI (A9), BilaI (A10), AmrutharaJ-Nadar @ TRS (All ), 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 I-llegal transportation of sand. 3. The said accused persons had procured sand from the government authorl'sed sand reach located at BesthapaIIi in Annamaiah District, Andhra Pradesh, and, in violation of the prescribed norms, misused the transportation permits issued for infra-state movement. with premeditated intent and full knowledge. that cross-border transportation of sand constitutes theft and is prohibl'ted 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, includI-ng the Proprietor Of Vel & Co Stone crushers, are alleged to have dI-reCtly facilitated and abetted the commission of the offence. tftoi.-- \= -_- =J1 -- Dr. YLR, J Crl.P.No.9348 of 2025 Dated 16.09.2025 ONERS CONTENTIONS OF THE COUNSEL FOR THE PETITI 4. Mr.G. NikhiI, learned counsel for the petitioners/Accused Nos.6 to 8, submI|tS that the allegations levelled against the petitioners are false, fabricated, and politically motivated. It is contended that their implication I'S 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 I-S Submitted that material part of the investigation has been completed. The petitI-OnerS/Accused Nos-.6 {o 8 are the 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 furnI'Sh Sureties tO the Satisfaction Of the Court for theI'r release On bail. 6. It'is further submitted that the petitI'OnerS had earlier fI'led Criminal M.P. No.190 of 2025 on the file of the Court of learned X Addl'tionaI District and Sessions Judge, Tirupati, seeking bail. However, the said petition was dI-SmiSSed On 26.08.2025 without due consid-eration 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/Accusecl Mos.6 to € -I \ i _ - Dr. YLR, J Crl.P.No.9348 of 2O25 Dated 16.09.2025 8 stating that investigation is not completed; if the petitioners are enlarged on bail, they would not be available for the investigation, and they will repeat the same offence. It is frirther 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:o 9. Now, the point for consideration is: "Whether the petiltilonerslAccused Mos.6 to 8 are entitled for grant of bail? ANALYSIS: 10. The offences alleged under sections 303(2) and 316(2) of the lBNS', 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.6 to 8 were arrested ;on 13-07-2,025. They have been in judicial custody for the past 66 days. All the petitioners have undertaken to cooperate with the I'nVeSti`gatiOn and trial proGeeCiingS. There is no m.aterial to suggest any likelihood of absconding or tampering with evic!ence. The portion of investigation relating to the ` -\ i=ii= _ ct'V \ Dr_ YLR, J CrI.P.No.9348 of 2O25 Dated 16.09.2025 alleged role of the petitioners is completed. This Court has already enlarged on regular bail accused Nos.ll and 13 on 29-08-2025 in CrimI'naI Petition Nos. 8512 and 8484 of 2025. The petitioners are also standing on the similar footing of accused Nos.ll and 13. ll. ln view of the foregoing and the readiness of`the petitioners/Accused Nos.6 to 8 to abide by conditions imposed by this court, this court is inclined to grant bail to them. CONCLUSION: 12. Considering the nature and gra\ity of allegations levelled against the petitioners/Accused Nos.6 to 8, theI-r alleged role PIayed in this case and the period of detention undergone by them, thisCourt is inclined to enlarge them on bail with the following stringent conditions: (i) The petitioners/A;cused Nos.6 to 8 shall be enlarged on bail subject to them executing each a 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 learned JudicI'aI Magistrate of First , Class, Nagari; (ii) The petitioners/Accused Nos.6 to 8 shall appear before the Station House Officer, Nagari Urban Police Station, Chittoor DistrI|Ct, On every Saturday in betwe.en 10:00 ``- a--? +-i+fe I.& Dr: YLR, J CrI.P.No.9348 of 2025 Dated 16.09.2025 am and 05:00 pm, till cognizance is taken by learned the Trial Court; (iii) The petitioners/Accused Nos.6 to 8 shall not commit or indulge in comm'lssion of any offence in future; (iv) The petitioners/Accused Nos.6 to 8 shall cooperate with the investigating officer in, further investigation of the case and shall make themselves available for interrogation by the investigat'lng officer as and when required; (v) The petitioners/Accused Nos.6 to 8 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.6 to 8 sha" surrender their passports, if any, to the investigating officer. lf they claim that they do not have a passport, they shall iv`~ submit an affidavit to that effe'ct to the Investigating Offi ce r. c**- _-=___ Dr. YLR, J Crl_P_No.9348 of 2025 Dated 16.09.2025 SD/- K. KAS]RAO AC-HARE 13. The Criminal Petition is accordingly allowed. //TRUE COPY// ASSISTANT REGISIEaAR I = SECllON OF|IC[ R Tol 1. The Judicial Magistrate of lst Class, Nagari, Chittoor District 2. The Ill Addl'tI'Onal District and Sessions Judge at Tirupati 3. The Superintendent, sub-Jail, Sattyaveedu, chittoor District 4. The Stall-On House Officer, Nagari Urban Police Station, Chitt6or District 5. One CC to SRI. NIKHIL CHOWDARY GUNTUPALLI Advocate [OPUC] 6. Two CCs to Public Prosecutor, High Court ofAP [OUT] 7. One spare copy KJ / I / ! HIGH COURT DR.YLR,J DATED: 16/09/2025 BAIL ORDER CRLPINoI9348 of 2025 ALLOWED