APHC010359952026 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE 23 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5795 OF 2026 Between: 1. Konakala Obulapathi, S/o Nadipi Vardhanapalli Village,Chinthalapalli Panchayat, Komarole MandalMarkapur District, Andhra Pradesh. 1. The State of Andhra Pradesh, Represented by its Public Prosecutor, Through Forest Range Officer, B A.P, Amaravathi. 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 connection with the O.R No. 01/2026 Peta Range, dated 05-06 Hon’ble Court may deem fit and proper in the circumstances of t the Interests of Justice. Counsel for the Petitioner: T DIWAKAR REDDY Counsel for the Respondent PUBLIC PROSECUTOR 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE 23rd DAY OF JULY 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5795 OF 2026 1. Konakala Obulapathi, S/o Nadipi Obulaiahaged about 78 yearsResident of Vardhanapalli Village,Chinthalapalli Panchayat, Komarole MandalMarkapur District, Andhra Pradesh. AND 1. The State of Andhra Pradesh, Represented by its Public Prosecutor, Through Forest Range Officer, Besthavari peta RangeGiddalur, High Court of 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 enlarge the petitioner on bail in connection with the O.R No. 01/2026- 27 of Forest Range Officer, Besthavari 06-2026 and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of t Counsel for the Petitioner: T DIWAKAR REDDY Counsel for the Respondent PUBLIC PROSECUTOR IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO Obulaiahaged about 78 yearsResident of Vardhanapalli Village,Chinthalapalli Panchayat, Komarole MandalMarkapur ...Petitioner 1. The State of Andhra Pradesh, Represented by its Public Prosecutor, esthavari peta RangeGiddalur, High Court of ...Respondent 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 to enlarge the petitioner on bail in 27 of Forest Range Officer, Besthavari 2026 and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case in 2 The Court made the following order: The 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/Sole Accused on bail in OR.No.01 of 2026-27 of Forest Range Officer, Besthavari Peta Range, registered against the Petitioner/Sole Accused herein for the offences punishable under Sections 303(2) read with 3(5), 49, 61(2) of Bharatiya Nyaya Sanhita, 2023 and Section 20(1)(d)(i)(a) read with 20(1)(C)(ii)(iii)(iv)(x), 36(a) read with 32-A, 29(4)(a)(i) of A.P.Forest (Amendment) Act, 2016. 2. Sri T. Diwakar 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. 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. Per contra, Mr.Sai Rohit, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway 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 strong likelihood that he may abscond, thereby hampering the 3 ongoing investigation and evading the process of law. In view of the foregoing submissions, it is urged that the 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 petitioner is aged 78 years. The Petitioner is a permanent resident of Vardhanapalli Village, Komarole Mandal, Markapur District and arrayed as Accused. He was arrested on 05.06.2026. He has been in judicial custody for the past 48 days. So far, 20 witnesses have been examined. A substantial portion of the investigation with regard to the role played by the petitioner has already been completed. There is no threat for the witnesses for the prosecution from the side of the Petitioner. There are no similar adverse antecedents recorded against the Petitioner. It is alleged by the prosecution that the Petitioner was found with 8 red sanders logs, weighing about 31 kgs in his land. He gave a confession before the Police. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioner/sole Accused, this Court is inclined to enlarge the petitioner/Sole Accused on bail subject to some stringent conditions. 7. In the result, the Criminal Petition is allowed with the following stringent conditions: 4 i. The Petitioner/Sole Accused shall be enlarged on bail subject to his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties for the like sum each to the satisfaction of the learned Special Judicial Magistrate of I Class for trail of Cases relating to Red Sanders Smuggling, Tirupati. ii. The Petitioner/Sole Accused 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. iii. The Petitioner/Sole Accused shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioner/Sole Accused shall not commit or indulge in commission of any offence in future. v. The Petitioner/Sole Accused shall co-operate 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/Sole Accused 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/Sole Accused shall surrender his passport, if any, to the investigating officer. If he claims that he does not 5 have passport, he shall submit an affidavit to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 23.07.2026 KK 6 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5795 OF 2026 Date: 23.07.2026 KK