APHC010490162026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE 23rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOs: 8243, 8244 and 8245 of 2026 1.CRIMINAL PETITION NO: 8243/2026 Between: KUMBAGIRI VIJAYA KUMAR, S/O. K. SUBBAIAH,AGED ABOUT 39 YEARS, R/O D.NO. 5/27-B, BANDINAGADDA,BUDUGUNTAPALLI, RAJAMPET MANDAL, YSR KADAPA DISTRICT,ANDHRA PRADESH, 516126. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by Public Prosecutor,High Court of Andhra PradeshAt Amaravathi, Guntur District,522239. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: MANTAPAMPALLE RAMPRASAD Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2.CRIMINAL PETITION NO: 8244/2026 Between: KUMBAGIRI VIJAYA KUMAR, S/O. K. SUBBAIAH,AGED ABOUT 39 YEARS, R/O D.NO. 5/27-B, BANDINAGADDA,BUDUGUNTAPALLI, RAJAMPET MANDAL, YSR KADAPA DISTRICT,ANDHRA PRADESH, 516126. ...PETITIONER/ACCUSED AND 2 Dr.YLR,J Crl.P.Nos.8243, 8244 & 8245 of 2026 Dated 23.09.2026 THE STATE OF ANDHRA PRADESH, Rep. by Public Prosecutor,High Court of Andhra PradeshAt Amaravathi, Guntur District,522239. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: MANTAPAMPALLE RAMPRASAD Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 3.CRIMINAL PETITION NO: 8245/2026 Between: KUMBAGIRI VIJAYA KUMAR, S/O. K. SUBBAIAH,AGED ABOUT 39 YEARS, R/O D.NO. 5/27-B, BANDINAGADDA,BUDUGUNTAPALLI, RAJAMPET MANDAL, YSR KADAPA DISTRICT,ANDHRA PRADESH, 516126. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by Public Prosecutor,High Court of Andhra PradeshAt Amaravathi, Guntur District,522239. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: MANTAPAMPALLE RAMPRASAD Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: These three Criminal Petitions are heard together and are being disposed of by this common order, as the petitioner is one and the same, though they arise out of different crimes. 3 Dr.YLR,J Crl.P.Nos.8243, 8244 & 8245 of 2026 Dated 23.09.2026 2. These three Criminal Petitions have been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), seeking to enlarge the Petitioner/Accused on regular bail in Crime No.17 of 2026 of Mannur U/G Police Station, YSR Kadapa District (Crl.P.No.8243 of 2026); Crime No.246 of 2025 of Mannur Police Station, YSR Kadapa District (Crl.P.No.8244 of 2026); and Crime No.133 of 2025 of Nandalur Police Station, YSR Kadapa District (Crl.P.No.8245 of 2026), registered for the offences punishable under Sections 303(2), 49, 61(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity, ‘the BNS’), and Sections 20(1)(d)(i)(a)(b), 20(1)(c)(ii)(iii)(iv)(ix)(x), 36(a) read with Section 32-A of the Andhra Pradesh Forest Act, 1967. 3. Mr. M. Ramprasad, learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offences and has been falsely implicated in the cases. It is further submitted that the petitioner is the sole earning member of his family and, therefore, his continued incarceration would cause undue hardship to his dependents. He is a law-abiding citizen. 4. The learned counsel for the petitioner further submits that, except the confession of the other accused, there is no material against the petitioner. The petitioner surrendered before the concerned Court and has been in judicial custody since 06.08.2026. He has thus been in judicial custody for the past 48 days. 4 Dr.YLR,J Crl.P.Nos.8243, 8244 & 8245 of 2026 Dated 23.09.2026 5. Per contra, Mr. A. Sai Rohith, learned Assistant Public Prosecutor, vehemently opposed the grant of regular bail to the petitioner, submitting that the investigation is still in progress and several material witnesses are yet to be examined. It is contended that, if the petitioner is released on bail at this stage, there is a likelihood of his absconding, thereby hampering the ongoing investigation and evading the process of law. It is further submitted that the allegations against the petitioner are well founded. In view of the foregoing submissions, the learned Assistant Public Prosecutor urged that the petitions be dismissed. 6. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. 7. Thoughtful consideration has been given to the submissions advanced by the learned counsel appearing for both sides. I have perused the entire record. 8. Now, the point for consideration is: “Whether the Petitioner is entitled to grant of regular bail?” 9. As seen from the record, the petitioner voluntarily surrendered before the concerned Court on 06.08.2026 and has been in judicial custody for the past 48 days. A learned Co-ordinate Bench of this Court, in Crl.P.Nos.3323, 3333 and 3328 of 2026, vide common order dated 29.04.2026, enlarged an accused in all three petitions therein, arising out of the same crimes, on bail subject to certain stringent conditions. The present petitioner also stands on the same footing. 5 Dr.YLR,J Crl.P.Nos.8243, 8244 & 8245 of 2026 Dated 23.09.2026 10. Having regard to the aforesaid circumstances, the nature and gravity of the allegations levelled against the petitioner/Accused, the period of incarceration undergone by him and the stage of investigation, this Court is inclined to enlarge the petitioner/Accused on regular bail, subject to the following stringent conditions. 11. In the result, these three Criminal Petitions are allowed with the following stringent conditions: i. The Petitioner/Accused shall be enlarged on bail subject to his executing bond for a sum of Rs.50,000/-in each Criminal Petition (Rupees Fifty Thousand only) with two sureties each for the like sum each to the satisfaction of the Judicial Magistrate of First Class for Trial of Cases relating to Red Sanders Smuggling, Tirupati, Tirupati District. ii. The Petitioner/Accused shall appear before the Station House Officer, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The Petitioner/Accused shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused shall not commit or indulge in commission of any offence while on bail. 6 Dr.YLR,J Crl.P.Nos.8243, 8244 & 8245 of 2026 Dated 23.09.2026 v. The Petitioner/Accused 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 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. vii. The Petitioner/Accused shall surrender his passport to the Investigating Officer, if he states that he does not have passport, the Petitioner shall submit an affidavit to that effect. _________________________ DR. Y. LAKSHMANA RAO, J Date: 23.09.2026 RSI 7 Dr.YLR,J Crl.P.Nos.8243, 8244 & 8245 of 2026 Dated 23.09.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOs: 8243, 8244 & 8245 of 2026 Date: 23.09.2026 RSI