APHC010472942026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE 17th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7938/2026 Between: 1. SIVA KUMAR, S/O LATE CHINNASAMY RAJI,AGED ABOUT 28 YEARS. OCCUPATION COOLIE,R/O D.NO.9/18, SATHAMPADU, BALAPIRAYAMPATTU POST,AMIRDEE, AMIRDHI, TIRUVANNAMALAI DISTRICT,TAMIL NADU STATE - 632102. ...PETITIONER/ACCUSED No.1 AND 1. THE STATE OF ANDHRA PRADESH, ,Rep. by its Public Prosecutor,High Court of Andhra Pradesh, Amaravati, throughThe Forest Range Officer, S.V.N.P. Balapalli Range. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. BHASKAR PREM KOUSHIK Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 ORDER: Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.1 on bail in Crl.M.P.No.4763 of 2026 on the file of Special Court in the cadre of Additional District and Sessions Judge for Trial of Red Sanders Smuggling Cases, Tirupathi, in O.R.No.16 of 2026-27, dated 12.08.2026 of the DRO, SVNP, Balapalli Range, registered for the alleged offences punishable under Sections 303(2) read with 3(5), 49, 61(2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) and Sections 20(1) (c) (ii) (iii)(iv)(x) read with 20(1)(d) (i) (a), Sections 29(4)(a)(i) of A.P.Forest Amendment Act, 2016, Rule No.3(1)(2) of A.P.Sandal Wood and Red Sanders Wood Possessions Rules, 1969, Rule 3 of A.P.Red sander wood possession Rules, 1989 read with Section 68 of A.P. Forest Act, 1967. 2. Mr.Bhaskar Prem Koushik, learned Counsel for the Petitioner, submits that the Petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the Petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. The Petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Petition. 3 3. Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law and urged to dismiss the Petition. 4. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. On perusal of the record, the Petitioner is arraigned as Accused No.1 in this case. It is alleged that the Petitioner acted as a coolie in the transportation of five logs of red sanders weighing 93 kilograms. The Petitioner was arrested on 12.07.2026. He has been in judicial custody for the past 68 days. So far, six witnesses have been examined, all of whom are material and official witnesses. Substantial portion of the investigation with regard to the alleged role played by the Petitioner concerned has been completed. 6. There are no adverse similar criminal antecedents reported against the Petitioner. The Petitioner is a permanent resident of Tamil Nadu State. He has got fixed abode. If the Petitioner is enlarged on bail subject to stringent conditions, there is no likelihood of his interfering with the investigation, threatening witnesses, or tampering with evidence. 4 7. Having regard to the facts and circumstances of the case and the nature and gravity of allegations levelled against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail subject to stringent conditions. 8. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioner/Accused No.1 shall be enlarged on bail subject to him executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the like sum each to the satisfaction of the learned Special Cadre Junior Civil Judge for Trail of Cases relating to Red Sanders Smuggling, Tirupati. ii. The Petitioner/Accused No.1 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The Petitioner/Accused No.1 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. v. The Petitioner/Accused No.1 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. 5 vi. The Petitioner/Accused No.1 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 No.1 shall surrender his passport, if any, to the Investigating Officer, if he claims that he does not have passport, he shall submit an affidavit to that effect before the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 17.09.2026 PRA/VMM 6 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7938 of 2026 Date: 17.09.2026 PRA/VMM