APHC010490792026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE 24th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8261/2026 Between: CHEEMPARTHI SALMA, W/O. JAKEER,AGED ABOUT 30 YEARS, OCC HOMEMAKERR/O. D.NO. 2/218, DARGA STREET,KHADARAPALLE VILLAGE, PALLAVOLU POST,CHAPADU MANDAL, YSR KADAPA DISTRICT ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, rep by its Public Prosecutor,High Court of Andhra Pradesh,At Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: D PURNACHANDRA REDDY Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.8261 of 2026 Dated 24.09.2026. The Court made the following: ORDER: This 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.2 on bail in Crime No.117 of 2026 of Chapadu Police Station, YSR Kadapa District, registered for the alleged offences punishable under Sections 303(2), 109(1), 132, 49 read with 3(5) Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’), Sections 20(1)(c)(ii)(iii)(iv)(vi)(x) read with 20(1)(d)(i)(a)(b)(ii)(a)(b), Section 32-A, 32-B read with 36(a), Section 29(4)(a)(i) of Andhra Pradesh Forest Act, 1967, Section 3 & 4 of the Andhra Pradesh Sandal Wood and Red Sander Wood Transit Rules, 1969, Section 3 of the Prevention of Damage to Public Property Act, 1984 and Section 51 of the Wild Life Protection Act, 1972. 2. Sri D.Purna Chandra Reddy, the learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. The substantial part of the investigation has already been completed. She has not committed any offence. She is a law- abiding citizen. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged that the petition be allowed. 3. Per contra, Mr. A. Sai Rohith, the learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the petitioner, submitting that the 3 Dr.YLR,J Crl.P.No.8261 of 2026 Dated 24.09.2026. investigation is still in progress 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 likelihood of her absconding, thereby hampering the ongoing investigation and evading the process of law. Hence, the learned Assistant Public Prosecutor urged that the petitions be dismissed. 4. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. On perusal of the record, it appears that the petitioner was arrested on 07.08.2026 and has been in judicial custody for the past 48 days. The petitioner is Accused No.2. It is submitted by the learned counsel for the petitioner that the petitioner was taken into illegal custody. A habeas corpus petition was filed by the mother of the petitioner vide W.P.No.22579 of 2026 on 07.08.2026, and subsequently, the petitioner was arrested. The petitioner is the wife of Accused No.1, who was absconding. It is further submitted by the learned counsel for the petitioner that she has been falsely implicated in the present case. 6. The alleged contraband consists of five red sanders logs weighing about 122 Kgs. There are two similar adverse antecedents reported against the petitioner, one of which is under Section 307 of ‘the IPC’. So far, four witnesses have been examined. The material part of the investigation has been completed, and no application has been filed seeking custodial interrogation of the petitioner. The petitioner is a permanent resident of YSR 4 Dr.YLR,J Crl.P.No.8261 of 2026 Dated 24.09.2026. Kadapa District and has got fixed abode. If the petitioner is enlarged on bail subject to stringent conditions, there is no likelihood of her interfering with the investigation, threatening the witnesses, or tampering with the prosecution evidence. 7. Having regard to the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.2, this Court is inclined to enlarge the Petitioner/Accused No.2 on bail with some stringent conditions. 8. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioner/Accused No.2 shall be enlarged on bail subject to executing a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with three sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Tirupati. ii. The Petitioner/Accused No.2 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 01:00 pm, till filing of the charge sheet. iii. The Petitioner/Accused No.2 shall not commit or indulge in commission of any offence while on bail. 5 Dr.YLR,J Crl.P.No.8261 of 2026 Dated 24.09.2026. iv. The Petitioner/Accused No.2 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Investigating Officer concerned. v. The Petitioner/Accused No.2 shall cooperate with the Investigating Officer in further investigation of the case and shall make herself available for interrogation by the Investigating Officer as and when required. vi. The Petitioner/Accused No.2 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.2 shall surrender her passport, if any, to the investigating officer. If she claims that she does not have passport, she shall submit an affidavit to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 24.09.2026 RSI 6 Dr.YLR,J Crl.P.No.8261 of 2026 Dated 24.09.2026. THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8261 of 2026 Date:24.09.2026 RSI