APHC010551322025 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: 10710/2025 Between: BOYA UDAY KUMAR, S/O HUSSENAIAH, AGED ABOUT 29 YEARS.RESIDENT OF KHADERBAD VILLAGE, KOTHAPALLI PANCHAYAT, PRODDATUR TOWN, CHAPADU MANDAL, Y.S.R KADAPA DISTRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Represented by its Public Prosecutor, Through Chapadu Police Station, YSR Kadapa, High Court of A.P. Amaravathi. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: T DIWAKAR REDDY Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.10710 of 2025 Dated 23.10.2025 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 ‘the Cr.P.C.’)/ 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 Crime.No.158 of 2025 of Chapadu Police Station, YSR Kadapa District, registered against the petitioner/Accused No.5 herein for the offences punishable under Sections 303 (2), 109, 132, 49 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’), Sections 20 (I)(C) ii, iii, iv, vi, x, Sections 20(d)(i)(a)(b)(ii)(a)(b) of the Andhra Pradesh Forest Act, 2016, Rule 3 of the Andhra Pradesh Wood and Red Sanders Wood Transit Rules, 1969, Section 3 of PDPP Act 1994 and Section 51 of the Wild Life Protection Act, 1972. 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, the petitioner/Accused No.5 is alleged to have acted as a coolie for cutting down red sander trees and making them into logs, four in number, weighing about 80 kgs. The role of the petitioner came to light based on the confessional statements of 3 Dr. YLR, J Crl.P.No.10710 of 2025 Dated 23.10.2025 Accused Nos.1 and 2, who were arrested at the spot and found in possession of four red sander logs. The petitioner was not arrested at the spot. He was arrested on 16.09.2025 and has been in judicial custody for the past 37 days. 4. The learned Assistant Public Prosecutor submits that there is one adverse antecedent reported against the petitioner in Cr.No.117 of 2025 of Chapadu Police Station. The learned counsel for the petitioner submits that in the said case, the petitioner was released on 13.09.2025, and immediately thereafter, a case in Cr.No.158 of 2025 was registered against him, pursuant to which he was arrested on 16.09.2025. The learned counsel for the petitioner further submits that the wife of the petitioner was recently delivered and gave birth to a baby. The petitioner is aged about 29 years and is a permanent resident of Khaderbad Village, Kothapalli Panchayat, Proddatur Town, Chapadu Mandal, YSR Kadapa District. He has got fixed abode, and if enlarged on bail with stringent conditions, he may not escape from the clutches of law. So far, seven witnesses have been examined. The material portion of the investigation, insofar as the complicity of the petitioner is concerned, has been completed. All the witnesses for the prosecution are official witnesses. Hence, the chances of the petitioner influencing or 4 Dr. YLR, J Crl.P.No.10710 of 2025 Dated 23.10.2025 threatening the witnesses or hampering the investigation may not arise. Except the confession of Accused Nos.1 and 2 against the petitioner, there is no incriminating material is available. 5. Considering the gravity and nature of the allegations against the petitioner, his alleged role played in this case, and the period of detention undergone by the petitioner/Accused No.5 in judicial custody for the past 37 days, this Court is inclined to enlarge the petitioner/Accused No.5 on bail with the following conditions: 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 Special Judicial Magistrate of First Class for Trial of cases relating to Red Sanders Smuggling, 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. 5 Dr. YLR, J Crl.P.No.10710 of 2025 Dated 23.10.2025 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. vi. 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 dissuade him/her from disclosing such facts to the court or to any police officer. 6. In the result, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date:23.10.2025 RSI 6 Dr. YLR, J Crl.P.No.10710 of 2025 Dated 23.10.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.10710 of 2025 Date:23.10.2025 RSI