APHC010432012026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE 24th DAY OF AUGUST 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7146/2026 Between: 1. SHAIK MAHABOOB SHAREEF, S/O KHASEEM, MUSLIM,AGED ABOUT 38 YEARS, OCC- PAINTER,D.NO.12/181, ESWAR REDDY NAGAR,PRODDATUR, YSR KADAPA DISTRICT, ANDHRA PRADESH. 2. SHAIK DADASAB, S/O MASTAN, MUSLIM,AGED ABOUT 61 YEARS, OCC- STREET HAWKER,D.NO.3/38, VEERANNAGATTUPALLI VILLAGE,VEMPALLI MANDAL, YSR KADAPA DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep.by its Public Prosecutor,Through F.R.O Vempalli Range Police StationYSR Taluka Division, Kadapa District,Andhra Pradesh. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. V NITESH Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the BharatiyaNagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioners/Accused Nos.1 & 2 on bail in Crime vide O.R.No.253/2026-27 on the file of FRO Vempalli Range Police Station, YSR Taluka Division, Kadapa District, registered for the alleged offencespunishable under Sections 20 (1) (C) (ii) (iii) (iv) (vi) & (x), of A.P. Forest Act 1967 (for brevity, ‘the Act’) and Sections20 (i) (d) of ‘the Act’, Rule 3 (1) & (2) of A.P.Sandal Wood & Red Sanders Wood Transit Rules 1969 and Section 29 read with Section 68 of ‘the Act’ and Section 29 (4) (a) of ‘the Act’ and Rule 3 of the A.P. Red Sanders Wood Possession Rule 1989punishable under Section 29 (4) (a) the same act, and under Sections 32A, 32C, 62A of A.P. Forest Amendment Act 2016 and under Sections 303 (2) read with 3(5) of ‘the BNS.,’ and under Sections 49, 61 (2) of ‘the BNS.’ 2. Mr.K.V.Aditya Chowdary,the learned Counsel for the Petitioners submits that the Petitioners are innocent of the alleged offence and they have been falsely implicated by the Police. It is further submitted that the Petitioners are the sole earning members of the family and, therefore, their incarceration would cause undue hardship to their dependents. The Petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Criminal Petition. 3 3. Per contra, Mr.A.Sai Rohith,learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioners, submits that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioners are released on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering the 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 Petitionersand the learned Assistant Public Prosecutor. Perused the record. 5. On perusal of the record, the Petitioners were arrested on 21.07.2026 and they have been in the judicial custody for the past 35 days. There are no similar adverse antecedents reported against the Petitioners. The allegation against the Petitioners is that Accused No.2 was found in possession and transportation of 1 log of red sander wood weighing about 11.3 kgs worth of Rs.3,461/- for giving to Accused No.1. So far, three witnesses are examined, and the material portion of the investigation is completed. The Petitioners are permanent residents of Eswar Reddy Nagar, Proddatur and Verannagattupalli Village, Vempalli Mandal respectively. They have got fixed abode.If the Petitionersare enlarged on bail subject to stringent conditions, there is no likelihood of their interfering with the investigation, threatening witnesses, or tampering with evidence. 4 6. Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against the Petitioners/Accused Nos.1 & 2, this Court is inclined to enlarge the Petitioners/Accused Nos.1 & 2 on bail subject to stringent conditions. 8. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioners/Accused Nos.1 & 2shall be enlarged on bail subject to them executing a bond for a sum of Rs.25,000/- (Rupees Twenty FiveThousand only) with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class relating to Red Sanders Smuggling, Tirupati. ii. The Petitioners/Accused Nos.1 & 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. iii. The Petitioners/Accused Nos.1 & 2shall not leave the limits of the Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioners/Accused Nos.1 & 2 shall not commit or indulge in commission of any offence in future. v. The Petitioners/Accused Nos.1 & 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 Petitioners/Accused Nos.1 & 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. vii. The Petitioners/Accused Nos.1 & 2shall surrender their passports, if any, to the investigating officer. If they 5 claimthat they do not have passport, they shall submit an affidavit to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date:24.08.2026 PRA 6 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7146 of 2026 Date: 24.08.2026 PRA