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2025 DAILYLAW 33559 (AP)

Nallapadareddy Ajit Kumar Reddy @ Nallapureddy Ajith Reddy v. The State of Andhra Pradesh

CRLP/9965/2025 · 2025-10-05

Y Lakshmana Rao

body2025

Judgment text

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'N THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI u •-.,a,>l)I:5:±~-;,. MONDAY, THE SIXTH DAY OF OCTOBER, L/ TWO THOUSAND AND TWENTY FIVE I/ F RESENT= v/ THE HONOURABLE bR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9965 OF 2025ty~ Between : -,, , -+::`:T:¥±S:_:Sf£o3=an \ \)'..\€t1' -ie_a+t` Nallapadareddy Ajit J5;±mar Reddy @ Nallapureddy Ajith Reddy, S/o Chandrasekhar Reddy, aged 52 years, residing at Karedu Village, UIavapadu Mandal, SPSR Nellore District (Erstwhile Prakasam District), Andhra Pradesh. `.`.` |-|Petitioners/Accused No.ll LJut I- AND V The State of Andhra Pradesh,I rep. by its Public Prosecutor, through S.H.O. EH vardaiahpalem Police Station, AP High Court Buildings, Amaravati. \rf ...Respondents •-.. i... Petition under Section 480 & 483 of BNSS, is filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge bail to t'he Petitioner/Accused No.ll on bail in FIR No. 68/ 2025, on file ofVardaiahpalem PJ}Tirupati. l~| E= The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of M/s K.S.Mu\#y Associates, Advocate for the Petitioner and of Public Prosecutor for Respondent, the Court made the followingL, Dr. YLR, J CrI.P.No.9965 of 2O25 Dated o6.1O.2O25 The Court made the following.I ORDER.. '--_-----__-_--_-____-==-_----,--------------------------- ----,------------.------__ ____ ___:i:____:_ The Criml-nal Petl-lion has been filed under sections 437 and 439 of the code of crimI'naI Procedure, 1973 (for brevity {the cr.p.c.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity 'the BNSS'), seeking to enlarge the petitioner/Accused No.ll on bail in Crime.No.68 of 2025 of Vardaiahpalem Police Station, Tirupati District, registered against the petitI-Oner/Accused No.ll hereI-n for the offences punishable under Sections 329 (3), 303 (2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity [the BNS'), SectI'OnS 20 (1)(d)(I) read with 20 (I)(c) ii, iii, iv, ix, x, 36 read with 32A of the Andhra Pradesh Forest Amendment Act, 2016, 55(2) read with 3 (1) of the Biological DiversI-ty Act, 2002 and 3 (1) of the Andhra` Pradesh Wood and Red Sanders Wood Transit Rules,1969. 2. 2. The case of the prosecution is that on 23.07.2025 at about 5:30 a.m., in front of the RTC Bus Stand on Srikalahasti-Tada Main Roadl Varadal-ahpalem Town and MandaI, Tirupati District, the incident occurred and was reported at the police station at 9:00 a.m. As per the confession, arrest, and seizure mahazar p.repared by the sub-Inspector `<-` \~ of Police, VaradaI'ahPalem, the accused A-1, A-2, and A-3 are close 3 Dr. YLR, J crI.P_No_9965 of 2025 Dated 06.10.2025 associates. A-1 was in a love relationship With the daughter Of A-2, who is the father of A-3. A-1, who was previously involved in ration r'lCe ----smugg I i ng--and--bu rden ed~ with--d6bt3--of--abed-t`-Rs:`1--5T,]a6ioco/--T' rd iSeuSSed~ -I---i ----~-- his financial difficulties With A-2 and A-3. A-2 suggested Stealing Red sanders from the Kommi Reserve Forest and adjoining Agrigold lands near Kondapur Mandal. Accordingly, in December 2024, A-1 to A-3 visited the forest, identified several Red Sanders trees, and later executed their plan. Using a wood-cutt'lng machine belonging tO A-2, they illegally entered the reserve forest, felled two Red Sanders trees, and transported the logs in A-1's luggage Vehicle tO Karedu Village. They also cut one tree from Agrigold fields and Stored all the logs at A- 1Js house. Subsequently, A-2 and A-3 shifted the logs to their OWn house, dressed them, and stored them safely. Later, they cOntaCted A-4 Rajesh to find buyers. A-4 agreed to arrange Purchasers for a commission, to which A-1 to A-3 consented. About three weeks Prior tO the incident, A-1 to A-3 handed over 240 KGs of Red Sanders logs to A- 4, received cash, and A-2 gave Rs.50,000/-to A-1. Subsequently, A-1 along with A-8, A-9, and A-10 was apprehended While transporting the logs. The police seized ll Red Sanders logs Weighing 211 KGs, a Mahindra Scorpio (Reg. No. AP39SW9909), and an Ashok Leyland Dost J' 4 • Dr-YLR,I CrI.P.No.9965 of 2025 Dated 06.10.2025 (Reg. No. AP27TW7871). The total value of the seized property, I'nCIuding the vehicles, js approximately Rs.31,83,000/-. _i---------i-------------------------.`-----`---------------------`-_ 3. Sri K.S.Mur{hy, the learned senior counsel, representing K.S.Murthy Associates, the learned for the petitioner, contends that the Petitioner iS innocent Of the alleged offence and he has been falsely implicated by the police. lt is further submitted that the petitioner js the sole earning member of the family and, therefore, his continued incarceration would cause undue hardship to his dependents. The Pe{itI-Oner undertakes to strictly adhere {o any conditions that may be imposed by this Court. ln light of the foregoing subml'ssions, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per confra, Ms.P.Akhila Naidu, the learned Assistant Publl'c Prosecutor vehemently opposed to grant of bail to the petitioner, submitting that the I-nVeS{igatiOn iS Stm at Progressive Stage and several material witnesses remaI-n tO be examined. I lt is contended that if the Petitioner iS released On bail at this stage, there is a strong likelihood that`he may abscond, thereby hampering the ongoing investigation and evading the process of law, and it is urged {o disml-ss the petition. <rf ~ F5SfFBS,SZ-Far-`` ,-|r_.-.` _ | 5 Dr. YLR, J crI.P.No.9965 of 2025 Dclted 06.10.2025 5. Heard the learned Senior Counsel for the Petitioner-and the learned Assistant Public Prosecutor. Perused the record. _ __ _.___-_ ------ ---------I----------.----------------------------------------_-------_-_ 6. As seen from the record, the Petitioner/Accused No.ll was allegedly indulged in dealing with 240 KGs of Red Sanders logs along with other accused. The petitioner was remanded tO POliCe Custody On o3.10.2025 for one day. The petit'loner was arrested in this Case based on the confession of co-accused. The allegation against the Petitioner iS that he promised to|provide funds for the alleged transportation of red sander logs and assured his support in that regard. The petitioner was als6 shown as an accused in crime No.05 of 2025 of Kaligiri Police station in the month of January 2025 in relation to red Sander logs found in the premises of Agrigold land. Accused No.1 was already granted bail by the learned Trial Court. The petitioner was Shown aS arrested in this case on execution of p.T. Warrant on 23.08.2025. The petitioner has been in judicial custody for the past 43 days. So far, eleven (ll) witnesses have been examined. The material portion Of the investigation insofar as the complicity of the petitioner is concerned is completed. All the witnesses of the prosecution are official witnesses. Hence, the question of the petitioner influencing or threatening the witnesses or hampering the investigat'lon inay not arise. ft 6 Dr. YLR, J CrI.P.No.9965 of 2025 Dclted 06.10.2025 7. Considering the gravity and nature of the allegations against the petitioner, his alleged role played in this case, and the period of ---------`-- ---d-eke--nti-oil-undergone-by the Petiti-Orf=r/A6;ilse--d--N-olltin judicial-custody -- -~ --------- for the past 43 days, this Court is inclI'ned tO enlarge the petitioner/Accused No.ll on bail with the following conditions: i. The petitioner/Accused No.ll shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.10,000/-(Rupees Ten Thousand only), with two sureties each for the like sum each to the satisfaction of the learned Additional District and Sessions Judge-Gum-Special Court for Trial of cases relating {o Red Sanders Smuggling, Tirupati. ill. The petitI-Oner/Accused No.ll 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/Accused No,ll shall not leave the limits of the State of Andhra Pradesh without prior permission ----_._. __ --~-----------------` from the Station House Officer concerned. \ c"-.`y. -. -, - ...5-- t_ 7 Dr. YLR, I CrI.P.No.9965 of 2025 Dated 06.10.2025 iv. The petitioner/Accused No.ll shall not commit or indulge in commission of any offence in future. I----'`----VI----The-petition-eF/AdetlSed No-.i-1--shall cooperate with--i-he --- --------- -- 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.ll 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. 8. ln the result, the Criminal Petition is a][owed. SD/- M PRABHAKARA RAO ASSISTAN EGitSTRAR E~cTION OFFICER //TRUE COPY// To, 1. The Court of Additional District and Sessions Judge Gum Special Court for Trial of Cases relating to Red Sanders Smuggling, Tirupati. 2. The Superintendent, Nellore Central Prison, NeIIore. 3. The Station House Officer, Varadaiahpalem Police Station, Tirupati District 4. One CC to M/s. K.S.Murthy Associates,Advocate [OPUC] 5. Two CCs toPUBLIC PROSECUTOR, High Court of A.P., Amaravati. [OUT] 6. One spare copy. HIGH COURT -~----I -`-----I-lDR-.Yl=R-,J------` DATE:06/10/2025 BAIL ORDER CRLP.No.9965 of 2025 ALLOWED -i,:==+-: .-.`_,|\-_L€\I