APHC010033542026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 495/2026 Between: 1. SHAIK MOHAMMAD HUSSAIN, S/O SHAIK RASHEED,AGED 21 YEARS, R/O. GUNDLURU VILLAGE,RAJAMPET MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, rep by its Public Prosecutor,High Court of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to direct the Station House Officer, RSASTF Police Station, Tirupati District to release the petitioner/Accused No.6 on bail in the event of his arrest in connection with Crime No.42/2025 of RSASTF Police Station, Tirupati District and pass Counsel for the Petitioner/accused: 1. D PURNACHANDRA REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 495 OF 2026 ORDER:- The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused No.6 for granting pre-arrest bail in connection with Crime No.42 of 2025 of RSASTF Police Station, Tirupati District, registered for the offences punishable under Sections 303(2) read with Section 3(5), 49, 61(2) of Bharatiya Nyaya Sanhita, 2023 (for brevity, ‘the BNS’), Sections 2091)(d)(i)(a) READ WITH Section 20(1)(c), ii, iii, iv, x, Section 36(a) read with Section 32-A of AP Forest Amendment Act, 2016. 2. Heard Mr.D.Purna Chandra Reddy, the learned Counsel for the Petitioner and Mr.K.Sandeep, learned Assistant Public Prosecutor for respondent - State. 3. The brief case of the prosecution is that the accused entered into a criminal conspiracy to trespass into reserve forest land, cut red sander trees, commit theft, and transport the same for the purpose of smuggling. On 23.08.2025 at about 5:00 A.M., near the eastern side of Kadapa–Rayachoty Road, adjacent to reserve forest area near Kolumulapalli Village, Maddimadugu East Forest Beat, Maddimadugu Forest Section, Kadapa Range and Division, C.K. Dinne Mandal, accused Nos.1 to 3 were apprehended and 26 red sander logs were seized. The arrested accused 3 confessed to the involvement of the petitioner herein, who allegedly absconded from the scene of offence. 4. Learned counsel for the petitioner contends that the petitioner is innocent, aged about 21 years. He further submits that there are no criminal antecedents against the petitioner and that he has falsely implicated in this case and prays for grant of pre-arrest bail to the petitioner. 5. Mr. K. Sandeep, learned Assistant Public Prosecutor, would submit that the petitioner herein used to arrange vehicles to other accused for transportation of red sander logs. He further submits that investigation is still pending and prays to dismiss the petition. 6. Considering the nature of the allegations, the material available on record, and the fact that the investigation is not completed, this Court is not inclined to grant pre-arrest bail to the petitioner at this stage. 7. In the result, the Criminal Petition is dismissed. However, the petitioner is at liberty to surrender before the Magistrate Court concerned within one (1) week and file an application for regular bail. The learned Jurisdictional Court concerned is directed to dispose of the said application in accordance with law, on its own merits by giving due and sufficient opportunity to the learned Public Prosecutor concerned, and pass appropriate orders as expeditiously as possible. ___________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 03.02.2026 KA 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 495/2026 Date: 03.02.2026 KA