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2025 DAILYLAW 56646 (AP)

Golla Venugopal Naidu v. The State of Andhra Pradesh

CRLP/10629/2025 · 2025-11-03

Y Lakshmana Rao

body2025

Judgment text

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APHC010546952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOS: 10629 AND 10630 OF 2025 CRIMINAL PETITION NO: 10629/2025 Between: Golla Venugopal Naidu and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. SRINIVASU L Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR CRIMINAL PETITION NO: 10630/2025 Between: Madithadu Nagaraju and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. SRINIVASU L Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 COMMON ORDER: The Criminal Petition Nos.10629 and 10630 of 2025 have been filed under Sections 480 and 483 of the BharatiyaNagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioners/Accused Nos.1 and 2in Crl.P.No.10629 of 2025 and petitioners/accused Nos.3to 15in Crl.P.No.10630 of 2025 on bail in Crime No.45 of 2025 of RSASTF Police Station, Tirupati District,registered against the Petitionersherein for the offences punishable under Sections 303(2) read with 3(5), 49, 61(2) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’) and Sections 30(1)(d)(i)(a) read with 20(1)(c) ii, iii, iv, x, 36 (a) read with 32A, 29(4)(a)(i) of AP Forest (Amendment) Act, 2016. 2. These twoCriminal Petition Nos.10629 and 10630 of 2025 are heard and disposed of by way of this common order, as the petitioners in these two petitions are accused in the same crime. 3. Heard the learned Counsels for the Petitioners and the learned Assistant Public Prosecutor. 4. The petitioners/Accused Nos.1 to 15 are alleged to have been involved in dealing with 15 red sander logs. So far, only seven witnesses have been examined. The allegation against Accused Nos.1 and 2 is that they engaged coolies on the instructions of Accused Nos.16 and 17. Accused No.3 is alleged to be the main smuggler. Insofar as their alleged role is concerned, 3 the investigation is still at a prima facie stage. Therefore, the request of Accused Nos.1, 2, and 3 is not found convincing or reasonable to enlarge them on bail at this juncture. Hence, the request of Accused Nos.1 to 3 is dismissed. 5. Accused Nos.4 to 15 were arrested on 10.09.2025 and have been in judicial custody for the past 54 days. The petitioners are permanent residents of Chittoor District. They have got fixed abode. If certain stringent conditions are imposed, there is no likelihood of their absconding or evading the process of law. The accused Nos.4 to 15 are only coolies. The learned Assistant Public Prosecutor submits that there are no adverse or similar criminal antecedents against them. Insofar as their alleged role is concerned, the material portion of the investigation has been completed. 6. In the result, the Criminal Petition No.10629 of 2025 is dismissed. So far as the Criminal Petition No.10630 of 2025 is concerned, the same is partly allowed by enlarging the petitioners/accused Nos.4 to 15 with the following stringent conditions. i. The Petitioners/Accused No.4 to 15shall be enlarged on bail subject to they executing bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties for the 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. 4 ii. The Petitioners/Accused No.4 to 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 Petitioners/Accused No.4 to 15shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioners/Accused No.4 to 15shall not commit or indulge in commission of any offence in future. v. The Petitioners/Accused No.4 to 15shall 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. vi. The Petitioners/Accused No.4 to 15 shall surrender their passport, if any, to the investigating officer. If they claim that they does not have a passport, they shall submit an affidavits to that effect to the Investigating Officer. 7. However, the Criminal Petition No.10630 of 2025 in respect of petitioner No.1/accused No.3 is hereby dismissed. df ________________________ Dr.Y. LAKSHMANA RAO, J. Date:04.11.2025, S D P 5 HONOURABLE Dr.JUSTICE Y.LAKSHMANA RAO CRIMINAL PETITION NOs: 10629 and 10630 of 2025 DATE: 04.11.2025 S D P