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2025 DAILYLAW 44517 (AP)

BALAKA NADIMINTI RAMACHANDRA REDDY v. THE STATE OF ANDHRA PRADESH

CRLP/3895/2025 · 2025-04-24

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[3369] lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT FRIDAY ,THE TWENTY FIFTH DAY OF APRIL ho6fctct TWOTHOUSANDAND TWENTy FIVE `Z :PRESENT: br~r~" rf- THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO= 3895 OF 2025 ur Between:¢ Balaka Nadiminti Ramachandra Reddy, S/o Late Venkataramana Reddy, aged 44 years, Occ: Driver, R/o. D.No.ll-114/1, S.V. Towers, Srinivasapuram, Tirupati and Native of Markirivari Palli Village, Burakayalakota, Molakalacheruvu, Chittoor District. \~ Petitioner/Accused No.1 Le AND EE= 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 (old Provision U/s 437 & 439 of Cr.P.) is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the + - - - - petitioner/accused no. 1 on bail, inquiry and trial in Crime No. 13/2025 of ed RSASTF Police Station, Tirupati District. rf The petition/Appeal coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of Lr,,a Sri PURNACHANDRA REDDY Advocate for the Petitioner, PUBLIC PROSECUTOR (AP;2j:or the Respondent and the Court made the following. APHCO10184692025 E#E IN THE HIGH COURTOFANDHRA PRADESH AT AMARAVATI (special original Jurisdiction) [3369] FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3895/2025 Between: Balaka Nadiminti Ramachandra ...PETITIONER/ACCUSED Reddy AND The State OfAndhra ...RESPONDENT/COMPLAINANT Pradesh Counsel for the Petitioner/accused: 1. D PURNACHANDRA REDDY Counsel for the Respondent/complainant: 1.PljBLIC PROSECUTOR The Court made the following Order: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner herein/A1, seeking regular bail, in crime No.13 of 2025' of RSASTF Police Station, Tirupathi District, registered for the offences punishable under Sections 49, 61(2) of the BNS and Sections 20(1)(d)(i)(a) read with 20(1 )(c) ii of A.P.Forest (Amendment) Act, 2016. 2. Brief facts of the case are that this is a case of criminal cohspiracy, abetment to commit the offence, criminally trespassed into reserve forest without permission, in order to cut red sander trees that occurred on 07.03.2025 at ll.00 a.m., at Musalipedu-Srikalahasthi Main road, near Bathinaiah Colony, /a E=Z2E=d > Yerpedu Mandal, in which, Al to A8 were arrested and Maruthi Suzuki Ertiga Car No.AP39 TK 4198, .one containing 3 unhandled axes and 07 cell phones were seized from their possession. 3. Heard. Perused the record. 4. Learned counsel for the petitioner contends that the case against the petitioner is that he entered into a reserve forest area without any permission. 5. On the other hand, lea'rned Assistant `Public Prosecutor submits that' the petitioner herein entered into a reserve forest - area along with three unhandled axes, with a view to cut the red sander logs. According {o his instructions, the petitioner herein has ihvolved in three other crimes and he is a habitual offender. 6. As seen from the record, the petitioner herein was arrested on 07.03.2025 and since then he has been languishing in jail. ln the said facts of the case, this court views that most of the investigation might have been completed by this time and any further detention of the petitioner is no longer required to conduct further investigatid'n. It is submitted by the learned counsel for the petitioner that the petitioner has permanent abode and there is no possibility of his fleeing away from the Jurisdiction of the Court. i\'> \\. =L= 7. ln view of the facts and circumstances Of the Case and considering the remand period of the petitioner, this Court is inclined to grant bail to the petitioner herein, on the following conditions. i. The petitioner herein shall be released on executing a personal bond for Rs.10,000/-(Rupees ten thousand only) With two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First class for Trial of cases relating to Red Sander Smuggling, Tirupati. ii. on release, the petitioner shall appear before the station House Officer concerned, on every alternative day between 10.00 AM and 01.00 PM., for a period of two (2) months. iii. The petitioner shall make himself available for investigation as and when required and that he shall not cause any threat, inducement or promise to the prosecution witnesses. 8. Accordingly, the Criminal Petition is allowed. SD/-fldi.PRABHAKAF`?A,A. RAce ASS!STANl- //TRUE COPY// sE Fol Erg!STRAR ON GFF§CET:R To, 1. The Judl'cial Magistrate of FI'rSt Class for TrI'al of cases relating to Red Sander smugglI'ng, Tirupati. , \ar 2. The Superintendent, sub-Jail, TirupatI|. -uZ P= 3. The Station House Offl'cer, RSASTF Police Statl'on, TirupatI' DI'StriCt. PE 4. One CC to SRI. D PURNACHANDRA REDDYAdvocate [opuc] 5. Two cos to Public Prosecutor (AP) High Court ofA.P., Amaravati 6. gOnUeT!-pare copy of \-I, HIGH COURT TMR,J DATED : 25/04/2025 BAIL ORDER CRLP.No|3895 of 2025 ALLOWED I ` ELPR \\ife