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2026 DAILYLAW 6025 (AP)

Peddula Palli Hari v. The State of Andhra Pradesh

CRLP/5820/2026 · 2026-07-23

Y Lakshmana Rao

body2026

Judgment text

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APHC010361932026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY, THE 24th DAY OF JULY 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5820/2026 Between: PEDDULA PALLI HARI, S/O. P. CHINNAPPA,AGED YEARS, R/O. BALASOURI PET,SAVISETTI PALLE, SAKN 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.5820 of 2026 Dated 24.07.2026 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ 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.177 of 2023 of RSASTF Police Station, Tirupati District, registered against the petitioner/Accused No.2 herein for the offences punishable under Sections 379 read with 34 of the Indian Penal Code, 1860 (for brevity ‘the IPC’), Sections 20(1)(d)(i)(a) read with Section 20(1)(c)(ii)(iii)(iv)(x), Section 36(a) read with Section 32(A) of the Andhra Pradesh Forest Act, 2016. 2. Sri D.Purna Chandra Reddy, the learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offence and he 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. He is law- abiding citizen. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, the learned counsel prays that the present petition be allowed in the interest of justice. 3 Dr. YLR, J Crl.P.No.5820 of 2026 Dated 24.07.2026 3. Per contra, Mr.A.Rohit, learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the petitioner, submitting that the charge sheet has already been filed against the other accused, showing the present petitioner/Accused No.2 as an absconding accused, and that the accusations against the other accused are well founded. He further contended that, if the petitioner is released on bail at this stage, there is a strong likelihood of his absconding, thereby hampering the further course of the proceedings and evading the process of law. In view of the foregoing submissions, he prayed that the bail petition be dismissed. 4. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. As seen from the record, the alleged offence occurred on 25.11.2023, and a case was registered in Crime No.177 of 2023 of RSASTF Police Station. The role of the petitioner came to light based on the confession of Accused No.1. There are no adverse antecedents reported against the petitioner. He is a permanent resident of YSR Kadapa District and he has got fixed abode. The charge sheet has already been filed against Accused Nos.1, 3, 5 and 6, showing the petitioner/Accused No.2 as an absconding accused. The petitioner was later arrested on 15.06.2026. He has been in judicial custody for the past 39 days. The allegation is that the other accused were found in possession of seven red 4 Dr. YLR, J Crl.P.No.5820 of 2026 Dated 24.07.2026 sanders logs weighing about 180.00 kgs. Since a substantial portion of the investigation has been completed, and the charge sheet has already been filed against the other accused, and so far seven witnesses have been examined, if the petitioner is enlarged on bail by imposing stringent conditions, he may not escape from the clutches of law. 6. Considering the facts and circumstances of the case, the gravity and nature of the allegations against the petitioner, his alleged role in the commission of the offence, and the period of detention undergone by the petitioner/Accused No.2 in judicial custody for the past 39 days, this Court is inclined to enlarge the petitioner/Accused No.2 on bail, subject to the following conditions: i. The petitioner/Accused No.2 shall be enlarged on bail subject to his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class for Trial of cases relating to Red Sander Smuggling, Tirupati. ii. The petitioner/Accused No.2 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. 5 Dr. YLR, J Crl.P.No.5820 of 2026 Dated 24.07.2026 iii. The petitioner/Accused No.2 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.2 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. 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 or to any police officer. 7. In the result, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date:24.07.2026 RSI Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 6 Dr. YLR, J Crl.P.No.5820 of 2026 Dated 24.07.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.5820 of 2026 Date:24.07.2026 RSI