IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9981 OF 2025 Between: Rachakonda Penchala Narasimhulu @ Kavalolla Narasimhulu Rachakonda Narasaiah, aged 58 years, Gundavolu BC Colony Village, Gundavolu Post and Panchayafh, Rapur Mandal, Nellore District. ...Petitioner/Accused No.5 S/o AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, at Amaravati. ...Respondent Petition under Section 480 & 483 of BNSS, 2023 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 release the Petitioner who was arrayed as Accused No.5 on bail in connection with in Crime No. 10 of 2025 on the file of RSASTF P.S., Tirupati, Tirupati District. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri Sivaprasad Reddy Venati, Advocate for the Petitioner and of Public Prosecutor for Respondent, the Court made the following 2 Dr. YLR, J Crl.P.No.9981 of2025 Dated 08.10.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.5 on bail in FIR No.10 of 2025 of RSASTF Police Station, Tirupati District, was registered against the Petitioner/Accused No.5 herein for the offences punishable under Sections 303 (2) read with 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’), 49, 61 (2) of ‘the BNS’ and Sections 20 (1)(d)(i)(a) read with 20 (l)(c) ii, iii, iv, x, 36 (a) read with 32A of the Andhra Pradesh Forest Amendment Act, 2016. CASE OF THE PROSECUTION: 2. The case of the prosecution is that on 26.02.2025 at about 6:00 a.m., in the barren lands situated on the northern side of the Sub-Station near Gandurupalli, on the Nellore-Rapur Flighway Road, Gilakapadu Forest Beat, Mariapudi Forest Section, Nellore Forest Range and Division, Rapur Mandal Nellore District, the complainant, the Reserve Sub-Inspector of RSASTF Sub- Control, Railway Kodur, on receipt of reliable information, along with his staff and the Forest FBO, proceeded to the location to check illegal entry, dumping, and loading activities. They noticed several persons near two motorcycles who, on seeing the police, attempted to flee. The police team surrounded and apprehended four persons, while others managed to escape. At the spot, 12 3 Dr. YLR, J Crl.P.No.9981 of2025 Dated 08.10.2025 red Sanders logs and two motorcycles were seized. On interrogation, the apprehended accused disclosed that due to financial difficulties, they, along with their associates, had conspired to cut and smuggle red sanders from the Rapuru-Veligonda restricted reserve forest for sale through mediators. They had procured 12 red sanders logs, concealed them at the spot, and were awaiting buyers arranged by their associates, Kavalolla Narasimhulu and Masthan @ Masthanaiah, when the police intercepted them. The Forest Beat Officer identified the seized logs as red sanders. The scene of the offence was geo-located at GPS coordinates 14.250222, 79.591917. The complainant informed higher officials and brought the apprehended persons, 12 red sanders logs, and two motorcycles to RSASTF Police Station, Tirupati. Hence, the FIR. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Sri Sivaprasad Reddy Venati, learned Counsel for the Petitioner submits that the Petitioner is innocent of the alleged offence and he has been falsely implicated in the alleged offence, without any cogent evidence linking him to the commission of the crime. It is contended that the Petitioner is the sole breadwinner of his family and his arrest would cause undue hardship and prejudice to his dependents. The Petitioner undertakes to abide by any condition that this Court may impose while granting bail to the Petitioner. 4 Or. YLR, J Crl.P.No.9981 of 2025 Dated 08.10.2025 4. It is further submitted that the Petitioner has a permanent place of residence and there is no likelihood of his absconding or evading the process of law. The Petitioner has cooperated with the investigation thus far and assures continued cooperation in future proceedings. It is also urged that the allegations are of a nature that do not warrant further custodial detention, and if any condition is imposed while granting the bail, Petitioner would not violate it; and it is urged to allow the Petition. ARGUMENTS OF THE STATE: 5. Per contra, Ms.P.Akhila Naidu, learned Assistant Public Prosecutor strenuously opposed to grant of bail and prosecution further apprehend 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 progress 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 the learned Counsel for both sides. I have perused the entire record. POINT FOR CONSIDERATION: 5 Dr. YLR, J Crl.P.No.9981 of 2025 Dated 08.10.2025 7. In the light of the case of the prosecution and the contentions of the learned Counsel for both the sides, now the point for consideration is: Whether the Petitioner is entitled for grant of bail? ANALYSIS: 8. As seen from the record, the allegation against the petitioner/Accused No.5 is that he was allegedly indulged in transportation of 12 red sender logs weighing about 181 kgs. So far, six witnesses have been examined. The petitioner is a permanent resident of Gundavolu Post and Panchayat, Rapur Mandal, Nellore District, and he has got fixed abode. The petitioner surrendered and was remanded to judicial custody on 11.09.2025 and he has been in judicial custody for the past 27 days. The material portion of the investigation, insofar as the alleged role of the petitioner is concerned, has been completed. Therefore, the chance of the petitioner threatening witnesses, hampering the investigation, or tampering with evidence does not arise. 9. Considering the period of detention undergone by the Petitioner/Accused No.5, the nature and gravity of allegations levelled against the Petitioner, and his alleged role played in the case, this Court is inclined to enlarge the Petitioner/accused No.5 on bail with the following stringent conditions: 6 Dr. YLR, J Crl.P.No.9981 of2025 Dated 08.10.2025 i. The Petitioner/Accused No.5 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for the like sum each to the satisfaction of the learned Judicial First Class Magistrate for Special Court of Trial Cases of Red Sanders Offences, Tirupati. ii. The petitioner/Accused No.5 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.5 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The petitioner/Accused No.5 shall not commit or indulge in commission of any offence in future. V. The petitioner/Accused No.5 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. V. The Petitioner/Accused No.5 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to X 7 Dr. YLR, J Crl.P.No.9981 of2025 Dated 08.10.2025 dissuade him/her from disclosing such facts to the court or to any police officer. 10. Accordingly, the Criminal Petition is allowed. SD/- T. SRINIVASA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Judicial First Class Magistrate of Special Court of Trial Cases of Red Sanders Offences, Tirupati. 2. The Superintendent, Sub Jail, Tirupati. 3. The Station House Officer, RSASTF Police Station, Tirupati, Tirupati District. 4. One CC to Sri Sivaprasad Reddy Venati, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of A.P., Amaravati.[OUT] 6. One spare copy. PSD HIGH COURT DR.YLR,J DATE:08/10/2025 BAIL ORDER CRLP.No.9981 of 2025 ALLOWED li B B OCT ® ^ rri! C(o7/ ★ .o 4?.'£S'it>ATC'^