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2025 DAILYLAW 43699 (AP)

MOLAKALA ANKARAO @ ANKAIAH v. THE STATE OF ANDHRA PRADESH

CRLP/3582/2025 · 2025-04-15

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3582 OF 2025 Between: 1. Molakala Ankarao @ Ankaiah, S/o. Molakala Ramaiah, Aged 34 years, Gudurupalli Village, Vepinapi Post and Panchayat Rapur Mandal, Nellore District. 2. Panthagiri Suresh, S/o. Panthagiri Venkataiah, aged 32 years, Gundavolu, BC Colony Village, Gundavolu Post and Panchayath, Rapur Mandal, Nellore District. 3. Alakunta Penchalaiah, S/o. Alakunta Penchalaiah, Aged 27 years, Mittapalli Village, Veninapi Post and Panchayath, Rapur Mandal, Nellore District. 4. Challa Ashok, S/o. Challa Penchalaiah, Aged 32 years, Gundavolu Post and Panchayath Rapur Mandal, NelloreDistrict Petitioners/Accused No.1 to 4 AND The State of Andhra Pradesh, Station House Officer RSASTF Police Station, Tirupati Rep. by Public Prosecutor High Court, Amaravathi Respondent Petition 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 Petitioners/Accused No. 1 to 4 on Regular Bail in FIR No.10/2025 on the file of RSASTF Police Station, Tirupati. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Ms. AISHWARYA NAGULA, Advocate for the Petitioners and of PUBLIC PROSECUTOR for the Respondent and the Court made the following: / Jt APHC010166742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] WEDNESDAY,THE SIXTEENTHDAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3582/2025 Between: Molakala Ankarao @ Ankaiah and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S); 1.AISHWARYANAGULA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER:- This Criminal Petition, u/Sec.480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/A1 to A4, seeking bail, in Crime No.10/2025 of RSASTF Police Station, Tirupati. The above said crime was registered against the petitioners herein 2. and others for the offence punishable u/Sec.303(2) r/w 3(5), 49, 61(2) of B.N.S and Sec.20(1)(d)(i)(a) r/w 20 (1)(c), 88, 888, iv, x, 36(a) r/w 32A of A.P.Forest (Amendment) Act, 2016. 2 3. The case of the prosecution in brief is as follows; On 26.02.2025 at about 6.00 am, on Northern side of Sub-Station near Gandurupalli, Nellore Rapur High Way Road, Gilakapadu forest beat, in which A1 to A4 were arrested and 12 red sender logs weighing 181 kgs, one Bajaj Platina Motorcycle bearing no.AP 39 FX 5410 and Hero HF Deluxe motorcycle no.AP 26 BY 7162 and 4 cell phones were seized from their possession. In the course of investigation, A1 to A4 confessed about the involvement of petitioners in this crime who were arrested on 26.02.2025 and remanded to judicial custody. Learned counsel for the petitioners contended that the petitioners have been in judicial custody from 26.02.2025 and most of the investigation has been completed and prays to allow the criminal petition. On the other hand, learned Assistant Public Prosecutor submitted 4. 5. that the investigation is not completed and some more witnesses are to be examined and opposed to grant anticipatory bail. 6. Heard both sides. 7. Perused the entire material on record. A perusal of material on record goes to show that A1 to A4 were arrested and 12 red sender logs weighing about 181 kgs were seized. The petitioners have been in judicial custody from 26.02.2025, hence this Court found that further detention of the petitioners is not necessary to conduct further / 3 investigation. When ascertained, learned Assistant Public Prosecutor submitted that no antecedents are registered against these petitioners. The petitioners had permanent abode as such there is no possibility of Most of the witnesses are official their fleeing away from justice, witnesses and the release of the accused would not cause tampering of evidence and hampering of investigation. In view of the same, this Court is inclined to grant bail to the petitioners. In the result, the Criminal Petition is allowed with the following 7. conditions; (i) The petitioners/A1 to A4 herein shall be released on their executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class-cum- Special Court for trial of cases relating to Red Sanders Smuggling, Tirupati; (ii) On release, the petitioners shall appear before the Station House Officer concerned on every Sunday between 10.00 a.m. and 12.00 noon, for a period of three (03) months; (iii) the petitioners shall not interfere in the investigation and they shall not cause tampering of evidence of hampering of investigation. SD/-B.PRASAD RAO GISTRAR ASSISTANj SKTION OFFICER //true copy// Fo. . - To, 1. The Judicial Magistrate of First Class-cum-Special Court For Trial of Cases Relating to Red Sander Smuggling, Tirupati 2. The Superintendent, Sub-Jail, Tirupati District, Andhra Pradesh 3. The Station House Officer, RSASTF Police Station, Tirupati 4. One CC to Ms. AISHWARYA NAGULA Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court of AP {OUT] 6. One spare copy \ KJ HIGH COURT TMR,J DATED: 16/04/2025 BAIL ORDER CRLP.No.3582 of 2025 ALLOWED