APHC010155922026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2405/2026 Between: 1. S MAHABUB BASHA, S/O. S. HAIDER SAHEB, AGED 33 YEARS, R/O. D.NO. 3-27, KEELAPALLI VILLAGE AND PANCHAYATH, PATHIKONDA POST, GANGAVARAM MANDAL, CHITTOOR 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 release the Petitioner/Accused No. 2 on bail, pending investigation, inquiry and trial in Crime No. 04/2026 of RSASTF Police Station, Tirupati and pass Counsel for the Petitioner/accused: 1. D PURNACHANDRA REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2405/2026 ORDER: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the Petitioner herein/Accused No.2, seeking regular bail, in Crime No. 04/2026 of RSASTF Police Station, Tirupati, registered for the offences under Sections 303(2) r/w 3(5) of Bharatiya Nyaya Sanhitha (for short “BNS”), Section 20(1)(d)(i)(a) r/w Section 20(1)(c)(ii)(iii)(iv)(x), Section 36(a) r/w 32(A) of the A.P.Forest (Amendment) Act, 2016. 2. The case of the prosecution in brief is that, this is a case of criminal conspiracy, abetment to commit the offence, trespass into reserve forest without permission, cut the live red sander trees and committed theft and trying to shift by loading for the purpose of smuggling red sander logs that occurred on 11.02.2026 at about 3.30 hours, near Pincha Dam, Jillella Mandal, Forest Beat, Pincha Forest, Section T.Sundupalli Mandal, Annamayya District in which the accused Nos. 1 to 4 were arrested and 72 red sander logs weighing about 2217 Kgs, Tractor and Tanker were seized from their possession. 3. Heard Sri D.Purnachandra Reddy, learned counsel for the Petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3 4. Learned counsel for the petitioner submits that the petitioner, who is Accused No. 2, has been falsely implicated in the present case. He further submits that there is no element of truth in the allegations made in the report and that the petitioner is in no way connected with the alleged incident. The petitioner is the sole breadwinner of his family, and his continued incarceration would cause hardship to them. It is also submitted that the petitioner is willing to furnish sureties to the satisfaction of the Court. The petitioner has been in judicial custody since 11.02.2026 and crucial part of the investigation might have been completed by this time. He finally prays for grant of regular bail to the petitioner. 5. Learned Assistant Public Prosecutor vehemently opposed the petition and submitted that the investigation is at a crucial stage and that the statutory period has not yet been completed. It was also submitted that the investigation is pending with regard to the arrest of Accused Nos. 4 to 10 and 14 to 18. She contended that, if the petitioner is released on bail, there is every likelihood of the petitioner committing similar or other offences, tampering with evidence, and influencing or threatening witnesses. She would further submit that the contraband involved in this case is 72 red sander logs weighing about 2217 Kgs. Learned Assistant Public Prosecutor finally prays for dismissal of the petition. 6. Considering the submissions and on perusal of the material on record and in view of the seriousness of the allegations, the stage of the 4 investigation, and the quantity of contraband involved in this case, this Court is not inclined to grant bail to the petitioner/accused No.2 at this stage. 7. Accordingly, this Criminal petition is dismissed. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 30.03.2026. UPS 5 49 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2405/2026 Dt.30.03.2026 UPS