t IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA^i:^*>\ WEDNESDAY. THE SIXTEENTH DAY OF APRIL, “ ' TWO THOUSAND AND TWENTY FIVE iPRESENT: HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO ^2 CRIMINAL PETITION NO: 3567 OF 2025 C <,rf. // / Between: 1. Alakunta Venu @ Alakunta Venugopal, S/o. Alakunta Venkataswamy, aged 54 years, Gundavolu BC Colony Village, Gundavolu Post and Panchayath, Rapur Mandal, Nellore District. 2. Pulugoti Chenchaiah @ Paiugoti Chenchaiah, S/o. Palugoti Chinnabbaiah, aged 21 years, now residing at Gandurupalli Village, Vepinapi Post Panchayat, Rapur Mandal, Nellore District, Native of Komatigunta Rajupalyam ST Colony, Gilakapadu Post, Saidapuram Mandal, Nellore District. 3. Molakala Kiran @ Molakala Venkata Kiran, S/o. Moiakala Seenaiah @ Molakala China, aged 20 years, R/o. Gandurupalli Village, Veinapi Post Panchayat, Rapur Mandal, Nellore Disitrict. ...Petitioners/Accused No.7,10 & 11 AND The State of Andhra Pradesh, Station House Officer RSASTF Police Station, Tirupati Rep. by Public Prosecutor High Court, Amaravathi ...Respondent Petition under Section 483 & 480 of BNSS, 2023 is! filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to enlarge the Peititioners/Accused Nos.7, 10 & 11 on Regular Bail in FIR No. 10/2025 on thje file of RSASTF Police Station, Tirupati, on any conditions; The petition coming on for hearing, upon perusing] the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of M/s Aishwarya Nagula, Advocate for thd Petitioners and Public Prosecutor for the Respondent; t f i APHC010166752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3567/2025 Between: Alakunta Venu @ Alakunta Venugopal and ...PETITIONER/ACCUSED(S) Others AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh 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/A7, A10 and A11, 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 T V I 2 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. 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 01.3.2025 and remanded to judicial custody. Basing on the confession of other accused, these petitioners sere remanded to judicial custody on 01.3.2025 and since then they are in judicial custody. Learned counsel for the petitioners contended that except the confession statement said to be made by other accused, no other incriminating material has been collected showing the involvement of the In pursuance of the confession statement nothing material has been seized from the petitioners. On the other hand, learned Assistant Public Prosecutor submitted that the investigation is not completed and some more witnesses are to be examined and opposed to grant anticipatory bail. 3. 4. petitioners in this crime. 5. 3 Heard both sides. 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. Evidently the petitioners are not apprehended while they were in possession of red sender logs. It is the accusation against them that basing on the confession of the co-accused, these petitioners were arrested. Except the confession statement, no other incriminating material has been collected. As the petitioners have been in judicial custody from 01.3.2025, this Court found that further detention of the petitioners is not necessary to conduct further investigation. When ascertained, learned Assistant Public Prosecutor submitted that no antecedents are reported against these petitioners. The petitioners had permanent abode as such there is no possibility of their fleeing away from justice. Most of the witnesses are official 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/A7, AID and All herein shall be released on their executing a personal bond for Rs.10,000/- (Rupees ten thousand only) each with two sureties for a like sum each V 4 to the satisfaction of the Class-cum-Special Court Sanders Smuggling, Tirupati; (ii) On release, the House Officer I between 10.00 months; (iii) the petitioners shall not investigation. learned Judicial Magistrate for trial of of First cases relating to Red petitioners shall appear before the Station every Sunday a period of three (03) concerned once in a week i.e. on a.m. and 12.00 noon, for shall not interfere i tampering of evidence of in the investigation and they hampering of cause / SD/- K.SRINIVASA RAJU ASSISTANT REGISTRAR 4, SECTION OFFICER //TRUE COPY// F To, 1. The Judicial Magistrate of First Class for Trial of 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 M/s Aishwarya Nagula, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court of AP 6. One spare copy Cases Relating to [OUT] MM y HIGH COURT TMR,J DATED: 16/04/2025 ORDER CRLP.No.3567 of 2025 .‘1 ALLOWED © "y o ^PR 2M5' o m X © CD 'j*-