APHC010033532026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL No: 59/2026 Between: VAKATI SIVA REDDY ALIAS SIVA PRASAD, S/O. VENKU REDDY, AGED ABOUT 48 YEARS, RESIDING AT GATE CENTER, PODALAKUR VILLAGE AND MANDAL, SPSR NELLORE DISTRICT. ...APELLANT AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P., AT AMARAVATI. 2. MUNDE BALAJI NAIK, S/O. LATE NARASINGA NAIK, OCC. DISTRICT MINES AND GEOLOGY OFFICER, SPSR NELLORE DISTRICT, NELLORE. ...RESPODENT(S): Counsel for the Appellant: B.SESIBUSHAN RAO Counsel for the Respondent(S): PUBLIC PROSECUTOR The Court made the following: JUDGMENT : The present Criminal Appeal has been filed by the Appellant / Accused No.2 seeking to set aside the Order dated 09.01.2026 passed in Crl.M.P.No.2318 of 2025 in Crime No.24 of 2025 passed by the learned Special Judge for trial of offences under SCs & STs (PoA) Act-cum-V Additional District & Sessions Judge, Nellore, and to release him on bail. 2. Case of the prosecution, in brief, is that, prior to 15.12.2023 at 12.00 mid night, Accused Nos.1 to 3 and others trespassed in Government lands 2 situated in Sy.Nos.697, 699, 751/2, 759/1, 759/2, 924 and 925 of Thatiparthi Village, Podalakuru Mandal, damaged and committed theft of micaceous quartz and feldspar miners illegally, which is the public property and were transporting to China via Chennai Port. Based on the report given by the De facto complainant, who is the District Mines and Geology Officer, SPSR Nellore District, the present crime has been registered. 3. Heard Sri B.Seasibushan Rao, learned counsel for the Appellant/Accused No.2 and Sri Neelothpal Ganji, learned Spl.Assistant Public Prosecutor representing the State/Respondent. 4. Learned counsel for the Appellant/Accused No.2 would submit that the Appellant has not committed any offence and is falsely implicated in the present case. Learned counsel would further submit that Appellant has been in judicial custody since 19.12.2025. It is submitted that Accused Nos.6 to 9, 11, 12 in the present crime were already granted bail and the Appellant who is on the same footing, may also be released on bail. It is further submitted that the Appellant is ready to abide by the conditions imposed by the Court in the event of grant of bail. 5. Learned Special Assistant Public Prosecutor opposed the petition and would submit that the investigation in the present crime is still pending. It is further submitted that there is every likelihood of influencing or intimidating the witnesses, if the Appellant is released on bail. Hence, prayed for dismissal of the petition. 3 6. As seen from the material placed on record, the Appellant has been in judicial custody since 19.12.2025. The material on record would further disclose that Accused Nos.6, 7 & 8, 11 & 12, 9, who are on the same footing in the present crime, were already granted bail by the Coordinate Benches of this Court vide Orders dated, 29.05.2025, 05.06.2025, 19.09.2025 and 07.11.2025 respectively. 7. Considering the submissions made, nature of the allegations leveled against the Appellant, stage of investigation and the period of detention undergone by the Appellant / Accused No.2, this Court is inclined to enlarge the Appellant on bail on bail. 9. In the result, the Criminal Appeal is allowed setting aside the Order dated 09.01.2026 passed in Crl.M.P.No.2318 of 2025 in Crime No.24 of 2025 passed by the learned Special Judge for trial of offences under SCs & STs (PoA) Act-cum-V Additional District & Sessions Judge, Nellore and consequently bail is granted to the Appellant / Accused No.2 on the following conditions: i. The Appellant / Accused No.2 shall be released on bail on his executing a personal bond for Rs.20,000/- (Rupees twenty thousands only) with two sureties for a like sum each to the satisfaction of the trial Court. ii. ii. On release, the Appellant / Accused No.2 shall appear before the Station House Officer concerned, once in a week i.e., on every Sunday between 10.00 a.m. and 05.00 p.m., until further orders. iii. The Appellant / Accused No.2 shall appear before the Investigating Officer as and when required and shall cooperate with further investigation, if any. 4 iv. The Appellant / Accused No.2 is directed not to hamper the investigation and tamper with the prosecution witnesses. v. The Appellant / Accused No.2 shall not leave the State without the permission of the Investigating Officer. vi. The Appellant / Accused No.2 shall surrender his passport before the trial Court till the conclusion of trial. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:11.02.2026 Note: Issue C.C by tomorrow Dinesh 5 THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL No.59 of 2026 DATE:11.02.2026 Dinesh