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2025 DAILYLAW 34806 (AP)

G Sardar v. The State of Andhra Pradesh

CRLP/10557/2025 · 2025-10-22

Y Lakshmana Rao

Public Interest Litigationbody2025

Judgment text

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1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10557/2025 Between: G.Sardar ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. SIVAPRASAD REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 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.3 on bail in Crime No.239 of 2025 of Punganur Urban Police Station, Chittoor District, was registered against the Petitioner/Accused No.3 herein for the offences punishable under Sections 109(1), 303(2), 61(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’), Sections 20(1)(d)(i) read with 20(1)(c), ii, iii, iv, x, 36(a) read with 32A, 29(1)(4)(a)(i), 32B of A.P. Forest (Amendment) Act, 2016, Section 2 55(2) of Biological Diversity Act, 202 and Section 3 of the Prevention of Damage to Public Property Act, 1984. 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. The allegation against the petitioner/accused No.3 is that he acted as pilot for transportation of 20 red sander logs weighing about 666.50 kgs. There are no adverse criminal similar antecedents reported against the petitioner. The petitioner was arrested on 14.09.2025. He has been in judicial custody for the past 50 days. So far seven (7) witnesses are examined. All the examined witnesses are official witnesses. Therefore, the possibility of the petitioner threatening the witnesses, hampering the investigation, or tampering with evidence does not arise. The petitioner is permanent resident of Tamilnadu State. He has got fixed abode. Substantial portion of the investigation in so far the alleged involvement of the petitioner concerned is completed. 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.3, this Court is inclined to enlarge the Petitioner/Accused No.3 on bail. 5. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The petitioner/Accused No.3 shall be enlarged on bail subject to he executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), with two sureties each for the like 3 sum each to the satisfaction of the learned Judicial Magistrate of I Class, For Trial Cases Relating to Red Sandar Smuggling, Tirupati. ii. The petitioner/Accused No.3 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.3 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.3 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.3 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. vi. The petitioner/Accused No.3 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. vii. The petitioner/Accused No.3 shall surrender his passport, if any, to the investigating officer. If he claim that he do not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 23.10.2025 S D P 4 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10557 OF 2025 23.10.2025 S D P